CALIFORNIA'S      ^ 

Code  Time  Table 


By  J.  H.  KANN 


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CALIFORNIA'S 

Code  Time  Table 


Containing  an  Alphabetical  Arrangement 
of  the  Various  Periods  of  Time  Required 


GODE    OF  CIVIL  PROCEDURE,   THE  CIVIL    CODE,  THE    PENAL 
CODE,  AND  THE  RULES  OF  THE  SUPREME  COURT 


Now  in  Force,  in  All  Actions  and 
Proceedings  in  the  Courts  of  the 


STATE  OF   CALIFORNIA 
With  Notes  Referring  to  the  Amendments  of  1901 


By  Jerome  h.  kann 

Of  the  San  Francisco  Bar 


San  Francisco 

L.  R.  DEMPSTER,  Law  Publisher 

35  Glen  Park  Avenue 

1902 


Copyrighted,  1902,  by 
L.    R.    DEIvIPSXER 

All  rights  reserved 


PREFACE. 


It  can  seldom  be  said  of  a  law  publication  that  it  fills  a 
long  felt  want,  but,  strange  as  it  may  seem,  this  is  the  only 
work  containing  a  complete  table  of  all  periods  of  time,  re- 
quired in  actions  and  proceedings  in  the  Courts  of  California, 
ever  published  in  this  State.  The  full  title  of  this  book,  as 
given  on  the  title  page,  explains  the  character  of  the  work.  It 
is  designed  to  meet  the  needs  of  the  busy  lawyer  who  is  con- 
stantly confronted  with  the  question  as  to  the  periods  of  time 
provided  by  law  in  the  various  actions  and  proceedings  in  this 
State.  The  work  is  practical ;  I  have  taken  great  pains  to  give 
an  absolutely  correct  Table,  and  the  Publisher  has  used  his  best 
eflforts  to  further  facilitate  the  use  of  this  work. 

I  trust  that  this  book  will  be  to  the  lawyer  what  the 
time  table  is  to  the  traveler. 

Jerome  H.  Kann. 

San  Francisco,  January,  igo2. 


84837^ 


ABBREVIATIONS. 


CCP.  Code  of  Civil  Procedure  of  the  State  of  California. 

CC.  Civil  Code  of  the  State  of  California. 

PC.  Penal  Code  of  the  State  of  California. 

RSC.  Rules  of  the  Supreme  Court  of  the  State  of  California. 

App.  Appendix. 


CALIFORNIA'S 


CODE  TIME  TABLE 


Account 


FIVE  DAYS  after  demand  of  the  items  of  an       Uems  of 
account  the  same  must  be  delivered  to  the 
adverse  party.  454  CCP. 


THREE  MONTHS  after  his  appointment   a       Account  of 

guardian 

guardian   must   render   an   account  of  the 

estate.  i754  CCP. 


SIX  MONTHS  after  his  appointment  an  exec-       Account  of 
,     .   .        ,  ^        J  t.-i   i.        executor  and 

utor  or  administrator  must  render  an  exhibit       administra- 

under  oath,  showing  the  amount  of  money       tor 

received  and  expended  by  him,  the  amount 

of  all  claims  presented  against  the  estate,  and 

the  names  of  the  claimants,  and  all  other 


6  CODE    TIME    TABI,B. 

ACCOUNT  matters  necessary  to  show  the  condition  of 

its  affairs.  1622  CCP.* 


Account  of  sale  THIRTY  DAYS  after  the  sale  of  real  property 
an  executor  or  administrator  must  return 
an  account  of  the  sale.  1575  CCP. 

See  Executor  and  Administrator, 
Guardian,  Public  Administrator,  Set- 
tlement, Trustee. 

Action 

See  Limitations,  Statute  of. 


Adjournment 

TEN  DAYS  is  the  limit  of  the  power  of  a 
Judge  of  the  Justices'  Court  to  grant  an  ad- 
journment, unless  an  undertaking  is  filed  by 
the  party  making  the  application  to  the 
effect  that  said  party  will  pay  to  the  adverse 


*  Repealed  : — Commissioners'  Amendment,  1901. 


CODE   TIME   TABLE. 


party  the  amount  of  any  judgment  which       ADJOURN- 
^      ^  .      ,  MENT 

may  be  recovered  in  the  cause. 

877  CCP. 


FOUR  MONTHS'  adjournment  may  be  had 
in  the  Justices'  Court  if  a  party  cannot  pro- 
ceed for  want  of  material  testimony. 

876  CCP. 

THREE  HOURS'  adjournment,  upon  an  ap- 
plication of  the  plaintiff,  discharges  defend- 
ant from  custody  if  he  has  been  arrested. 

876  CCP. 

See  Postponement. 


Administrator 


TEN  DAYS'  notice  of  an  application  for  let-       Letters  of 
ters  of  administration  must  be  given.  ^.^^ 

1373  CCP. 


FIVE  DAYS  before  the  return  day  the  citation       Bond 
to  an  administrator  to  show  cause  why  he 
should   not  give   further   security  must  be 
served  on  him.  1398  CCP. 


CODE    TIME    TABI,E. 


ADMIMS- 
TRATOR 

Claims  against 
the  estate 


TWO  MONTHS  after  his  appointment  the 
administrator  must  publish  a  notice  to  the 
creditors  of  the  decedent,  requiring  all  per- 
sons having  claims  against  the  estate  to 
exhibit  them.*  1490,  1511  CCP. 


FOUR  WEEKS  the  notice  of  the  administra- 
tor, requiring  all  persons  having  claims 
against  the  decedent  to  exhibit  the  same, 
must  be  published.  1490  CCP. 

TEN  MONTHS  after  the  first  publication  all 
creditors  of  the  decedent  must  exhibit  their 
claims  to  the  administrator  when  the  estate 
exceeds  the  value  of  $10,000.     1491  CCP. 

FOUR  MONTHS  after  the  publication  all 
creditors  of  the  decedent  must  exhibit  their 
claims  to  the  administrator  when  the  estate 
does  not  exceed  the  value  of  $10,000. 

1491  CCP. 


*  TEN  DAYS  after  the  issuing  of  letters  of 
administration  the  clerk  must  issue,  and  the  adminis- 
trator must  cause  to  be  published,  a  notice  to  the 
creditors  of  the   decedent  to  exhibit  their  claims. 

1490  CCP. — Commissioners'  Amendment,  1901. 


CODE    TIME    TABLE. 


TEN  DAYS  after  the  presentation  of  a  claim 
the  administrator  must  endorse  thereon  his 
allowance  or  rejection.  1496  CCP. 


ADMINIS. 
TRATOR 


THIRTY  DAYS  after  a  claim  is  allowed  by 
the  administrator  the  same  must  be  filed  in 
the  Court.  1497  CCP. 


Claims 
against 
the  estate 


THREE  MONTHS  after  a  claim  is  rejected  by 
the  administrator,  if  the  same  be  then  due, 
an  action  must  be  commenced  thereon. 

1498  CCP. 

TWO  MONTHS  after  a  claim  rejected  by  the 
administrator  becomes  due,  the  claimant 
must  commence  an  action  thereon. 

1498  CCP.* 


SIX  MONTHS  after  his  appointment  the  ad- 
ministrator must  render  an  exhibit  under 
oath,  showing  the  amount  of  money  received 
and    expended  by  him,  the  amount  of  all 


Account  and 
inventory 


*  THREE  MONTHS  after  a  claim  is  rejected  by 
the  administrator  an  action  must  be  commenced 
thereon,  whether  the  claim  be  then  due  or  not. 

1498  CCP. — Commissioners'  Amendment,  1901. 


lO  CODE    TIME    TABLE. 

ADMIN1S=  claims  presented  against  the  estate,  and  the 

TR   TOR  names  of  the  claimants,  and  all  other  mat- 

ters necessary  to  show  the  condition  of  its 
affairs.  1622  CCP.* 

THREK  MONTHS  after  letters  of  adminis- 
tration are  granted,  the  administrator  must 
return  to  the  Court  a  true  inventor}-^  and  ap- 
praisement of  all  the  estate  of  the  decedent. 

1443  CCP. 

TWO  MONTHS  after  the  discovery  of  prop- 
erty not  mentioned  in  the  inventory,  the 
administrator  must  cause  the  same  to  be 
appraised  and  return  to  the  Court  an  inven- 
tory thereof.  1451  CCP. 

Application  to      TEN  DAYS  before  the  hearing  of  the  appli- 
"    "     y     cation  of  the  administrator  to  let  real  prop- 
erty,   notice  thereof  must    be  given  to  all 
persons  interested.  1579  CCP. 

FOUR  WEEKS  the  notice  of  the  hearing  of 
the  application  of  the  administrator  to  let 
real  property  must  be  published. 

1579  CCP. 


*  Repealed  : — Commissioners'  Amendment,  1901, 


CODE    TIME    TABLE. 


II 


FIVE  YEARS  is  the  limit  of  the  power  of  the 
administrator  to  let  real  property. 

1579  CCP. 


ADMINIS= 
TRATOR 


FOUR  WEEKS  the  order  of  the  Court  to 
show  cause  why  real  propertj'  should  not  be 
mortgaged  by  the  administrator  must  be 
published.  1578  CCP. 


Application 
to  mortgage 
real  property 


TEN  DAYS  before  the  hearing,  the  order  of 
the  Court  to  show  cause  why  real  property 
should  not  be  mortgaged  by  the  administra- 
tor must  be  served  on  the  parties  interested. 

1578  CCP. 


FOUR   WEEKS   an   order  of    the   Court   to  Application 

show  cause  why  real  property  should  not  be         ^^  ^^  ^  prop= 

^     ^  erty  of  the 

sold  by  the  administrator  must  be  published.  decedent 

1539  CCP. 


TEN  DAYS  before  the  hearing,  a  copy  of  the 
order  of  the  Court  to  show  cause  why  real 
property  should  not  be  sold  by  the  adminis- 
trator must  be  served  upon  the  parties  inter- 
ested. 1539  CCP. 


12 


CODE    TIME    TABLE. 


ADMINIS- 
TRATOR 


FIVE  DAYS'  notice  of  the  hearing  of  an  ap- 
plication of  the  administrator  to  sell  personal 
property  must  be  given.  1523  CCP. 


FOUR  WEEKS  an  order  of  the  Court  to 
show  cause  why  mines  or  mining  interests 
should  not  be  sold  by  the  administrator  must 
be  published.  1531  CCP. 

TEN  DAYS  before  the  hearing,  a  copy  of  the 
order  to  show  cause  why  mines  or  mining 
interests  should  not  be  sold  by  the  adminis- 
trator must  be  served  upon  the  parties  inter- 
ested. 1531  CCP. 

Sale  of  real  THIRTY  DAYS  after  the  sale  of  real  property 

property  ^-^^  administrator  must  return  an  account  of 

the  same.  i575  CCP. 

FOUR  WEEKS  an  order  of  the  Court  to  show 
cause  why  real  property  sold  by  the  adminis- 
trator should  not  be  conveyed  to  the  pur- 
chaser must  be  published.  1598  CCP. 


SIX  MONTHS  after  the  decision  of  the  Court, 
refusing  to  convey  real  property  sold  by  the 


CODK    TIMK    TABLE. 


13 


administrator,    the   claimant    may  sue    for 
specific  performance.  1602  CCP. 


ADMINIS. 
TRATOR 


TEN  DAYS'  notice  of  the  final  settlement  of 
the  account  of  an  administrator  must  be 
given.  1634  CCP. 


Settlement 
of  account 


THIRTY  DAYS  after  an  administrator  is  com- 
mitted for  contempt,  and  has  been  in  custody 
without  obeying  the  order  of  the  Court,  let- 
ters of  administration  must  be  revoked. 

1721  CCP. 


Revocation 
of  letters 


THREE  YEARS  after  the  settlement  of  the 
final  account  of  the  administrator,  the  heirs 
of  the  decedent,  or  other  claimants,  may  bring 
an  action  to  recover  real  property  sold  by  the 
administrator.  1573  CCP. 


Limitation  of 
actions 
against  the 
administra- 
tor 


THREE  YEARS  after  the  discovery  of  fraud 
an  action  may  be  brought  by  the  heirs  of  the 
decedent,  or  other  claimants,  to  set  aside  a 
sale  of  real  property  made  by  the  administra- 
tor. 1573  CCP. 

See  Confirmation,  Public  Administra- 
tor. 


14 


CODE    TIME    TABLE. 


Adverse  Possession 


Against  the 
people 


TEN  YEARS  after  a  right  or  title  to  real 
property  has  accrued,  the  people  of  this 
State  will  not  sue  any  person  for  or  in 
respect  to  such  property  or  the  issues  or 
profits  thereof.  315  CCP. 


Under 

written 

instrument 


FIVE  YEARS'  continuous  occupation  of  real 
property,  under  claim  of  title  founded  upon 
a  written  instrument,  decree  or  judgment,  is 
deemed  an  adverse  possession,  and  includes 
the  whole  property  if  only  part  of  the  same 
has  been  so  occupied ;  except  that  when  the 
property  consists  of  a  tract  divided  into  lots, 
the  possession  of  one  lot  is  not  deemed  a 
possession  of  any  other  lot  of  the  same  tract. 

322  CCP. 


Without 

written 

instrument 


FIVE  YEARS'  actual  and  continued  occupa- 
tion of  land,  under  a  claim  of  title  not 
founded  upon  a  written  instrument,  judg- 
ment or  decree,  is  deemed  an  adverse  posses- 
sion, but  includes  only  the  land  actually 
occupied.  324  CCP. 


Landlord  and 
tenant 


FIVE  YEARS  after  the  termination  of  a  ten- 


CODE    TIME    TABLE. 


15 


ancy,  the  possession  of  the  tenant  becomes 
adveise  to  his  landlord.  326  CCP. 


ADVERSE 
POSSESSION 


FIVE  YEARS  before  the  commencement  of 
an  action  for  the  recovery  of  real  property, 
the  possession  must  have  been  held  adversely 
to  the  legal  title.  321  CCP. 


Time  of 
occupation 


FIVE  YEARS  after  a  disability  of  the  person 
who  has  the  legal  title  to  the  property 
ceases,  an  action  for  the  recovery  thereof 
may  be  brought.  328  CCP. 


Disability 


Affidavit 


ONE  DAY  before  the  day  of  the  trial  an  affi- 
davit alleging  the  disqualification  of  the 
judge  must  be  filed.  170  CCP. 


Disqualifica^ 
tion  of  the 
Judge 


TEN  DAYS  after  the  receipt  of  the  copy  of 
an  answer,  the  afl&davit  denying  the  genuine- 
ness or  due  execution  of  a  written  instru- 
ment must  be  filed.  448  CCP. 

See  New  Trial. 


Genuineness 
of  written 
instrument 


i6 


CODE    TIME    TABLE. 


Alias  Summons 


In  the 

Superior 

Court 


ONE  YEAR  after  a  complaint  is  filed   alias 
summons  may  be  issued.  408  CCP. 


In  the 

Justices' 

Court 


ONE  YEAR  after  the  filing  of  the  complaint 
the  Justice  may  issue  alias  summons. 

847  CCP.* 


Alien 

FIVE  YEARS  from  the  time  of  the  succes- 
sion, a  non-resident  alien  must  appear  and 
claim  the  estate.  672,  1404,  1405  CC. 

Amended   Pleadings 


In  the 

Superior 

Court 


TEN  DAYS  after  receipt  of  an  amended  plead- 
ing, a  demurrer  or  answer  thereto  must  be 
filed.  472  CCP. 


*  According  to  the  Commissioners'  Amendment, 
1901,  there  is  no  specified  time  within  which  an  alias 
summons  may  be  issued  in  the  Superior  Court. 


CODE    TIME    TABLE.  1 7 

TWO    DAYS    after  service   of  an    amended       AMENDED 

,      ,.  ,  .1,       .  4^        PLEADINQS 

pleading,  a  demurrer  or  answer  thereto  must 

be  filed  in  the  Justices'  Court.     86o  CCP. 

Amendments. 

See  Bill  of  Exceptions. 

Annulment — of  Marriage 

FOUR  YKARS  after  arriving  at  the  age  of 
consent,  an  action  for  annulment  of  marriage 
on  the  ground  that  the  party  was  under 
the  age  of  legal  consent  must  be  commenced. 

83  CC. 

FOUR  YEARS  after  the  discovery  of  the  facts 
constituting  fraud,  an  action  for  annulment  of 
the  marriage  on  the  ground  that  the  consent 
was  obtained  by  fraud  must  be  commenced. 

83  CC. 

FOUR  YEARS  after  the  marriage  an  action 
for  annulment  of  the  marriage  must  be  com- 
menced on  the  ground  that  the  consent  was 
obtained  by  force.  83  CC. 


i8 


CODE    TIME    TABLE. 


ANNULMENT 
OF  HARRIAQE 


FOUR  YEARS  after  the  marriage  an  action 
that  either  party  was  physically  incapable  of 
entering  into  the  marriage  state  must  be 
begun.  83  CC. 

See  Divorce. 


Answer 


In  the 

Justices' 

Court 


FIVE  DAYS  after  the  service  of  summons, 
when  the  summons  is  served  in  the  same 
city,  an  answer  must  be  filed  in  the  Justices' 
Court ;  when  the  summons  is  served  out  of 
the  city,  but  in  the  same  county,  the  answer 
must  be  filed  within  TEN  DAYS  after  such 
service  ;  and  when  the  summons  is  served 
in  another  county,  the  answer  must  be  filed 
in  the  Justices'  Court  within  TWENTY 
DAYS  after  such  service.  845  CCP. 


TWO  DAYS  after  the  service  of  an  amended 

complaint,   an  answer  or   demurrer  thereto 

must  be  filed  in  the  Justices'  Court. 

860  CCP. 


In  the 

Superior 

Court 


TEN  DAYS  after  service  of  summons  an  an- 
swer must  be  filed,  when  the  summons  was 


CODE    TIME    TABLE. 


19 


served  within  the  same  county  ;  and  when 
the  same  is  served  elsewhere,  the  answer 
must  be  filed  within  thirty  days  after  the 
service  of  the  summons.  407  CCP. 


ANSWER 


TEN  DAYS  after  the  service  of  an  amended 
complaint  an  answer  thereto  must  be  filed. 

472  CCP. 

ONE  YEAR  after  the  rendition  of  the  judg- 
ment an  answer  may  be  filed,  when  the  sum- 
mons has  not  been  served  personally. 

473  CCP. 

Appeal 


SIX  MONTHS  after  the  entry  of  a  judgment 
an  appeal  must  be  taken  therefrom,  in  case 
the  judgment  is  a  final  one.         939  CCP. 

SIXTY  DAYS  after  entry  of  an  interlocutory 
judgment  an  appeal  must  be  taken. 

939  CCP. 

NINETY  DAYS  after  the  entry  of  the  judg- 
ment rendered  on  appeal  from  an  inferior 
Court,  an  appeal  must  be  taken  therefrom. 

939  CCP. 


Time  in 
which  appeal 
must  be 
taken 

In  civil 

actions 


20 


CODK    TIME    TABLE. 


APPEAL  SIXTY  DAYS  after  the  entry  of  an  order,  de- 

cree or  judgment  in  probate  proceedings,  an 
appeal  must  be  taken.  17 15  CCP.* 

THIRTY  DAYS  after  notice  of  entry  of  a 
judgment  in  the  Justices'  and  Police  Courts, 
an  appeal  must  be  taken.  974  CCP. 


In  criminal 

cases 


ONE  YEAR  after  rendition  of  a  judgment  in  a 
criminal  case,  an  appeal  must  be  taken. 

1239  PC. 


SIXTY  DAYS  after  an  order  denying  a  motion 
for  a  new  trial  in  a  criminal  case,  or  after  an 
order  made  subsequently  to  the  judgment, 
an  appeal  must  be  taken.  1239  PC. 

THIRTY  DAYS'  notice  of  appeal  must  be 
given  by  publication  in  criminal  cases  where 
personal  service  cannot  be  made.   1241  PC. 

FIVE  DAYS'  notice  of  a  motion  to  dismiss  an 
appeal  in  criminal  cases  must  be  given. 

1248  PC. 


*  Repealed  : — Commissioners'  Amendment,  1901. 


CODE    TIMK    TABLE. 


21 


TEN  DAYS  after  the  reuditiou  of  a  judgment 
in  the  Justices'  or  Police  Courts,  a  statement 
of  the  case  must  be  filed  when  the  appeal  is 
taken  on  questions  of  law  only. 

'  975  CCP.* 


APPEAL 
Statement 


FORTY  DAYS  after  the  appeal  is  perfected 
and  the  bill  of  exceptions  or  statement  settled, 
the  transcript  of  record  must  be  filed  by  the 
appellant.  RSC  II-i. 


Transcript 


THIRTY  DAYS  after  the  appeal  is  taken,  the 
transcript  of  record  in  criminal  cases  must  be 
filed.  RSC  1 1-7. 

TWENTY  DAYS'  additional  time  may  be  al- 
lowed by  the  Court  for  the  filing  of  the 
transcript.  RSC  II-3. 

THIRTY  DAYS  after  the  filing  of  the  tran-       griefs 
script  on  appeal,  the  appellant  must  file  his 
brief.  RSC  II-4. 


THIRTY  DAYS  after  service  of  appellant's 
brief,  the  respondent  must  file  his  brief. 

RSC  1 1-4. 


♦  Repealed  : — Commissioners'  Amendment,  1901. 


22 


CODE    TIME    TABLE. 


APPEAL 


Notice  of 
motion  and 
exceptions 


TEN  DAYS  after  service  of  respondent's  brief, 
the  appellant  may  file  a  reply  brief. 

RSC  II-4. 

TEN  DAYS  after  filing  the  transcript  in  crim- 
inal cases,  the  appellant  must  file  his  brief. 

RSC  II-4. 

TEN  DAYS  after  service  of  appellant's  brief, 
the  Attorney- General  must  file  his  points 
and  authorities.  RSC  II-4. 

FIVE  DAYS  after  service  of  the  brief  of  the 
Attorney-General,  the  appellant  in  criminal 
cases  may  file  a  reply  brief.        RSC  II-4. 

TWENTY  DAYS'  additional  time  may  be 
given  by  the  Court  for  the  filing  of  briefs . 

RSC  II-5. 

FIVE  DAYS'  notice  ofobjections  or  exceptions 
to  the  transcript,  statement,  bond,  under- 
taking on  appeal,  notice  of  appeal  or  its 
service,  must  be  given  to  the  adverse  party. 

RSC  XV. 

TEN  DAYS  before  the  hearing  of  a  motion  in 
the  Supreme  Court,  notice  thereof  must  be 
given  to  the  adverse  party.      RSC  XX- 1. 


CODE  TIME  TABLE. 


23 


FIVE  DAYS  are  allowed  within  which  the 
opposing  attorney  must  join  in  the  certificate 
that  the  transcript  is  correct,  or  serve  upon 
the  appellant  a  written  statement  of  particu- 
lars  in   which    the  transcript   is    incorrect. 

RSC  XI. 

TWO  DAYS  after  presentation  to  the  opposing 
party  of  a  corrected  transcript,  he  must  join 
in  the  certificate  that  the  transcript  is 
correct.  RSC  XI. 


APPEAL 

Certificate 
that 

transcript  is 
correct 


TEN  DAYS  before  the  clerk  of  the  Supreme 
Court  makes  up  the  calendar,  the  application 
for  hearing  of  a  cause  in  Bank  must  be  made , 
when  such  application  is  made  before  the  ren- 
dition of  the  judgment. 

RSC  XXVIII-^ 

TWENTY  DAYS  after  the  rendition  of  the 
judgment,  the  application  for  hearing  of  a 
cause  in  Bank  must  be  made. 

RSC  XXVIII-i. 

NINETY  DAYS  after  submission  of  the  cause 
in  the  Supreme  Court,  the  opinion  of  the 
Court  must  be  filed.  RSC  XXX-3. 

See    Bill     of    Exceptions,     Notice, 
Undertaking. 


Petition  for 
hearing  cause 
in  Bank 


Written 

opinion 

of  the  Court 


24  CODE    TIME    TABLE. 

Appraisement 


See    Administrator,    Executor    and 
Administrator. 

Appropriation 

TEN  DAYS  after  the  posting  of  notice  of 
appropriation,  the  same  must  be  recorded. 

1415  cc. 

SIXTY  DAYS  after  the  posting  of  notice  of 
appropriation,  the  claimant  must  commence 
the  construction  of  the  work.        141 6  CC. 

Arbitration 

See  Award. 

Arrest 

ONE  DAY'S  notice  of  an  application  for  dis- 
charge must  be  given  to  the  plaintiff. 

1 145  CCP. 

TEN  DAYS  after  the  arrest  in  a  civil  action 
the  prisoner  may  make  an  application  for 
discharge.  1 150  CCP. 


CODE    TIME    TABLE. 


25 


THREE   HOURS'  postponement   of  a   trial,        ARREST 
upon  the  application  of  plaintiff,  discharges 
the  defendant  from  custody.         876  CCP. 

See  Bail,  Discharge,  Undertaking. 


Assault 

ONE  YEAR  after  the  cause  of  action  accrues^ 
an  action  for  assault  must  be  commenced. 

340  CCP. 

Attachment 

TWENTY  DAYS  after  the  receipt  of  a  writ 
of  attachment  the  Sheriff  must  return  the 
same,  if  the  writ  was  not  issued  at  the  time 
of  the  issuing  of  the  summons ;  otherwise 
the  writ  must  be  returned  by  the  Sheriff  at 
the  time  of  the  return  of  the  summons. 

559  CCP. 


FIVE  DAYS  after  the  service  of  the  summons 
an  exception  to  the  sufficiency  of  the  sureties 
must  be  filed.  539  CCP. 


Sureties  and 
justification 


26  CODE    TIME    TABLE. 

ATTACHMENT  TWO  DAYS'  notice  of  the  justification  of  the 
sureties  must  be  given  to  defendant. 

539  CCP. 

See  Exemption,  Homestead,  Steamer. 

Attorney 

See  Conviction. 

Award 

FIVE  DAYS  after  filing  of  the  award  it  be- 
comes a  judgment,  and  may  be  entered  as 
such.  1286  CCP. 

FOUR  DAYS'  notice  of  an  application  for  the 
entry  of  the  award  must  be  given. 

1286  CCP. 

Bail 

Exoneration  TEN  DAYS  after  entry  of  the  judgment,  the 
bail  may  surrender  the  prisoner  in  their 
exoneration.  488,  489  CCP. 


CODE    TIME    TABLE.  27 

TEN  DAYvS   after  filing  of  the   undertaking       BAIL 

the  notice  of  refusal  to  accept  the  bail  must       Justification 
be  given  to  the  SheriflF.  492  CCP. 

FIVE  DAYS'  notice  of  the  justification  of 
the  bail  must  be  given.  493  CCP. 

See  Surrender. 

Battery 

ONE  YEAR  after  the  cause  of  action  arises 
an  action  for  battery  must  be  begun. 

340  CCP. 

Bill  of  Exceptions 

TEN  DAYS  after  the  entry  of  the  judgment 
when  the  action  was  tried  with  a  jury,  and 
after  notice  of  entry  of  the  judgment  when 
the  action  was  tried  without  a  jury,  the  bill 
of  exceptions  must  be  filed.         650  CCP. 

TEN  DAYS  after  the  service  of  a  bill  of 
exceptions  amendments  thereto  must  be 
filed.  650  CCP. 


28  CODE  TIME  TABLE. 

BILL  OF  TEN    DAYS    after  receipt   of  the   proposed 

EXCEPTIONS  amendments  the  bill  of  exceptions,  together 

with    the    proposed   amendments,  must  be 

presented  to  the  Judge  or  delivered  to  the 

clerk.  650  CCP. 


FIVE  DAYS'  notice  of  the  presentation  or 
delivery  of  the  bill  of  exceptions  must  be 
given  to  the  adverse  party.  650  CCP. 

TEN  DAYS  after  the  rendition  of  the  judg- 
ment in  criminal  cases  the  bill  of  exceptions 
must  be  presented  to  the  Judge  for  settlement. 

1171,  1174  PC. 

TWO  DAYS'  notice  of  the  presentation  of  the 
bill  of  exceptions  must  be  given  to  the 
District  Attorney.  1 171  PC. 


Bill  of  Particulars 

FIVE  DAYS  after  the  demand  for  a  bill  of 
particulars  the  same  must  be  delivered  to  the 
adverse  party.  454  CCP. 


CODE   TIME   TABIDS. 


29 


Bond 


THREE  YEARS  after  the  discharge  or  re- 
moval of  the  guardian,  an  action  against  the 
sureties  on  the  bond  given  by  the  guardian 
must  be  commenced.  1805  CCP. 


Guardian 


SIX  MONTHS  is  the  limit  of  the  validity  of 
an  undertaking  to  keep  the  peace. 

706  PC. 

See  Bail,  Undertaking. 


Bond  to  keep 
peace 


Brief 


See  Appeal. 


Calendar 


THIRTY  DAYS  before  the  commencement  of 
a  terra  in  the  Supreme  Court,  the  clerk  must 
place  on  the  calendar  all  cases  where  a 
transcript  and  briefs  are  filed. 


RSC  IV. 


See  Appeal. 


30  CODE  TIME  TABLE. 

Change  of   Names 


FOUR  WEEKS  a  petition  for  change  of  name 
must  be  published.  1277  CCP. 

Citation 

FIVE  DAYS  before  the  return  day  a  citation 
in  probate  proceedings  must  be  served  when 
no  other  time  is  prescribed. 

1711  CCP. 


Claim  and  Delivery 

TWO  DAYS  after  the  service  of  a  copy  of  an 
undertaking  the  defendant  may  except  to 
the  sufficiency  of  the  sureties. 

513  CCP. 

FIVE  DAYS  are  allowed  the  defendant  within 
which  he  may  demand  return  of  the  property 
upon  giving  to  the  Sheriff  the  required 
undertaking.  514  CCP. 

TWO  DAYS'  notice  at  least  must  be  given  to 
the  plaintiff  of  the  time  and  place  of  the 
justification  of  sureties.  515  CCP. 


CODE   TIME  TABLE.  3^ 

Claims— Preferred 


SIXTY  DAYS'  wages  or  salaries  to  the 
amount  of  one  hundred  dollars  are  preferred 
claims.  1204  CCP. 

TEN  DAYS  after  the  receipt  of  notice  of  such 
claim  the  debtor  or  creditor  intending  to  dis- 
pute the  claim  must  make  a  statement  in 
writing.  1207  CCP.* 

See  Steamer. 

Commissioner 

FIVE  DAYS  after  notice  that  the  report  of  a 
Court  Commissioner  has  been  filed, 
exceptions  to  the  same  must  be  taken. 

259  CCP. 

THIRTY  DAYS  after  the  foreclosure  sale  of 
property,  the  Commissioner  must  file  a  report 
and  account  of  the  sale.  729  CCP. 


*  FIVE  DAYS  after  receipt  of  a  copy  of  the 
statement  containing  the  claim,  the  debtor  or  credi- 
tor intending  to  dispute  the  same  must  file  a  verified 
statement  denying  the  validity  of  the  claim. 

1207  CCP. — Commissioners'  Amendment,  1901. 


32  CODE   TIME  TABLE. 

Commitment 

See  Information. 

Compromise 


FIVE  DAYS  after  receipt  of  an  offer  of  de- 
fendant to  compromise,  the  notice  of  accept- 
ance of  the  offer  must  be  given  to  defendant. 

997  CCP. 

Condemnation 

See  Eminent  Domain. 

Confirmation 

ONE  YEAR  before  the  sale  of  real  property 
by  the  executor  or  administrator  the  appraise- 
ment thereof  must  have  been  made. 

1550  CCP. 

TEN  DAYS'  notice  of  the  hearing  of  the  con- 
firmation of  a  sale  of  real  property  by  the 
executor  or  administrator  must  be  given. 

1552  CCP. 


CODE   TIME  TABLE.  33 

Constable 


TWO  YEARS  after  the  cause  of  action  arises, 
an  action  against  a  constable  upon  liability 
incurred  in  his  ofl5cial  capacity  must  be 
begun.  339  CCP. 


Contract 

FOUR  YEARS  is  the  limit  of  time  within 
which  an  action  upon  a  contract,  obligation 
or  liability  founded  upon  an  instrument  in 
writing,  executed  in  this  State,  must  be 
brought.  337  CCP. 

TWO  YEARS  is  the  limit  within  which 
an  action  upon  a  contract,  obligation  or 
liability,  not  founded  upon  an  instrument  in 
writing,  or  founded  upon  an  instrument  in 
writing  executed  out  of  the  State,  must  be 
commenced.  339  CCP. 


Conviction— of  Attorney 

FIVE  DAYS  before  the  hearing,  a  copy  of  the 


34 

CONVICTION 
OF  ATTORNEY 


CODE  TIME  TABLE. 

accusation  must  be  served  upon  the  attorney. 

292  CCP. 

THIRTY  DAYS  after  the  conviction  of  an 
attorney  of  a  felony  or  a  misdemeanor, 
involving  moral  turpitude,  the  clerk  of  the 
Court  in  which  such  conviction  is  had  must 
transmit  to  the  Supreme  Court  a  certified 
copy  of  the  record  of  conviction. 

288  CCP. 

Coroner 

TWO  YEARS  after  the  cause  of  action  arises 
an  action  must  be  commenced  against  a 
coroner  upon  a  liability  incurred  by  him  in 
his  official  capacity.  339  CCP. 


Dissolution 

of 

corporation 


Corporation 

THIRTY  DAYS  at  least  the  notice  of  an 
application  for  a  dissolution  of  a  corporation 
must  be  published.  1230  CCP. 


FIVE   DAYS'    notice  of  the  hearing  of  an 
application  for  the  dissolution  of  a  corpora- 


CODE  TIME  TABLE. 


35 


tion  must  be  given  to  all  persons  who  filed 
objections.  1232  CCP. 


CORPORA- 
TION 


THREE  YEARS  after  the   discovery  of  the       Limitation  of 

facts,  an  action  against  the  directors  or  stock-       actions 

against 
holders  of  a  corporation  to  recover  a  penalty       corporation 

or  forfeiture  must  be  commenced. 

359  CCP. 


SIX  MONTHS  after  the  sale  of  stock  for 
delinquent  assessments  an  action  to  recover 
the  same  must  be  commenced.        347  CC. 


TEN  DAYS  at  least,  after  the  issuance  of  the       Criminal 


summons  in  a  criminal  case,  are  allowed  the 


procedure 
against 

corporation  to  appear  and  answer  the  charge       corporation 

upon  the  information  or  the  presentment. 

1390  PC. 


THIRTY  DAYS  before  the  death  of  the 
testator  the  will  must  be  executed,  to  make 
good  a  devise  to  a  charitable  corporation. 

1313CC. 


Devise  to 
corporation 


36  CODE  TIMB  TABLE. 

Costs 


FIVE  DAYS  after  the  rendition  of  the  verdict 
or  notice  of  decision,  a  memorandum  of  costs 
must  be  served  upon  the  adverse  party. 

1033  CCP. 

FIVE  DAYS  after  the  notice  of  the  filing  of  a 
bill  of  costs,  the  motion  to  have  the  costs 
taxed  must  be  made.  1033  CCP. 

TWO  DAYS  after  the  costs  are  taxed  the 
same  must  be  inserted  in  the  judgment. 

1035  CCP. 

THIRTY  DAYS  after  the  remittitur  is  filed 
the  memorandum  of  costs  on  appeal  must  be 
filed.  1034  CCP. 

THIRTY  DAYS  after  the  service  of  notice, 
that  security  for  costs  is  required,  the  under- 
taking must  be  filed.  1037  CCP. 

Credit 

THREE  YEARS'  credit  may  be  given  by  the 
guardian  on  a  sale  of  real  property. 

1791  CCP. 


CODE  TIME  TABLE.  37 

Creditors 


See    Administrator,    Executor    and 
Administrator. 


Damages 

TWO  YEARS  after  the  death  of  a  person 
caused  by  neglect  or  a  wrongful  act  of  an- 
other, an  action  to  recover  damages  therefor 
must  be  commenced.  ^  339  CCP. 

THREE  YEARS  after  the  cause  of  action  for 
injuring  goods  or  chattels  arises,  an  action 
for  damages  must  be  commenced. 

338  CCP. 

See  Limitations,  Statute  of. 

Death— Presumption  of 

SEVEN  YEARS'  absence  of  a  person  without 
being  heard  from  raises  the  presumption  of 
his  death.  1963  CCP. 


38 


CODE  TIME  TABLE. 


Decedent 

See  Estate,  Executor  and  Adminis- 
trator. 


Decree 


Limitation 
of  actions 
upon  a  decree 


FIVE  YEARS  are  allowed  within  which  an 
action  may  be  brought  upon  a  judgment  or 
decree.  336  CCP. 


Motion  to 
set  aside  a 
decree 


TEN  DAYS  after  notice  of  the  rendition  of  a 
judgment  or  decree,  a  notice  of  the  intention 
to  make  a  motion  to  set  aside  the  judgment 
or  decree  must  be  served  upon  the  adverse 
party.  663)^  CCP. 


SIXTY  DAYS  after  serving  of  such  notice  of 
intention,  the  motion  to  set  aside  a  judgment 
or  decree  must  be  made.         6633^  CCP.* 


*  TWENTY  DAYS  after  service  of  notice  the 
motion  to  set  aside  a  judgment  or  decree  must  be 
made.       663a — Commissioners'  Amendment,  1901. 


CODE  TIMK  TABLE. 


39 


Default 


TEN  DAYS  after  the  entry  of  the  judgment 
in  the  Justices'  Court  by  default,  an  applica- 
tion for  relief  therefrom  must  be  made. 

859  CCP. 


In  the 

Justices' 

Court 


SIX  MONTHS  after  entry  of  the  judgment  by 
default,  an  application  for  relief  may  be 
made.  473  CCP. 


In  the 

Superior 

Court 


Demurrer 


TEN  DAYS  after  service  of  the  summons,  if 
the  summons  is  served  in  the  same  county, 
a  demurrer  to  the  complaint  may  be  filed  ; 
and  when  the  summons  is  served  elsewhere, 
the  demurrer  may  be  filed  THIRTY  DAYS 
after  service  of  the  summons.       407  CCP. 


In  the 

Superior 

Court 


FIVE  DAYS  after  service  of  the  summons,  in 
a  case  pending  in  the  Justices'  Court,  a 
demurrer  may  be  filed  when  the  summons 
was  served  in  the  same  city  and  county  ; 
when  the  summons  is  served  out  of  the  city 
but  in  the  same  county,  a  demurrer  to  the 


In  the 

Justices' 

Court 


40  CODE  TIME  TABLE. 

DEMURRER  complaint  may  be  filed  within  TEN  DAYS 

after  service  of  the  summons  ;  and  when  the 
summons  is  served  elsewhere,  a  demurrer 
to  the  complaint  may  be  filed  within 
NINETY  DAYS.  845  CCP. 


In  the 

Superior 

Court 


TEN  DAYS  after  the  service  of  an  amended 

pleading,  a  demurrer  may  be  filed  in  a  case 

pending  in  the  Superior  Court. 

472  CCP. 


In  the 

Justices' 

Court 


TWO  DAYS  after  the  service  of  an  amended 
pleading,  a  demurrer  to  the  same  may  be 
filed  in  the  Justices'  Court.  860  CCP. 


Depositary  for  Hire 

ONE  YEAR  after  the  storage  charges  are  not 
paid,  the  depositary  for  hire  may  sell 
perishable  property.  1857  CC. 

Deposition 


FIVE  DAYS'  notice  of  a  deposition  of  a  wit- 
ness out  of  the  State  must  be  given  to  the 
adverse  party.  2024  CCP. 


CODB  TIME  TABLE.  4I 

Detainer 


THREE  YEARS  after  the  cause  of  action 
arises,  an  action  for  taking  and  detaining 
goods  must  be  brought.  338  CCP. 


Detainer— Unlawful 

ONE  YEAR'S  quiet  possession  of  the  premises 
is  a  complete  bar  to  the  proceedings  for 
unlawful  detainer.  1172  CCP. 


ONE  MONTH'S  notice  of  the  termination  of      Notice  to 
the  tenancy  or  other  estate  at  will  must  be 
given  to  the  tenant.  789  CC. 

FIFTEEN  DAYS'  notice  of  a  change  in  the 
terms  of  the  lease  must  be  given  in  all 
leases  or  tenements  from  month  to  month. 

827  CC. 

THREE  DAYS'  notice  of  re-entry  must  be 
given  by  the  landlord  where  the  right  to  re- 
entry has  accrued.  791  CC. 


42 


CODE  TIME   TABLE. 


DETAINER- 
UNLAWFUL 


FIVE  DAYS'  notice  must  be  given  to  a  per- 
son who  unlawfully  entered  real  property  ; 
if  he  does  not  surrender  the  same  within  that 
period  of  time,  he  is  guilty  of  forcible 
entry  and  unlawful  detainer. 

1160CCP. 


THREE  DAYS'  notice  must  be  given  to  the 
tenant  to  perform  the  conditions  of  the  lease, 
and  if  he  fails  to  do  so  within  that  time,  he 
is  guilty  of  unlawful  detainer. 

1160,  1161  CCP. 


Service  of 
summons 


TWO  DAYS  at  least  before  the  return  day, 
the  summons  in  an  action  for  unlawful 
detainer  must  be  served  upon  the  defendant. 

1 167  CCP.* 


See  Entry,  Landlord  and  Tenant. 


*  THREE  DAYS  after  the  service  of  the  summons 
in  an  action  for  unlawful  detainer  the  defendant  must 
appear  and  answer. 

1 167  CCP.— Commissioners'  Amendment,  1901. 


CODE  TIME  TABLE.  43 


Directors 


THREE  YEARS  after  the  discovery  of  the 
facts,  an  action  against  directors  of  a 
corporation  must  be  commenced. 

359  CCP. 

Discharge 

ONE  DAY'S  notice  of  the  hearing  of  an 
application  for  discharge  must  be  given  to 
the  plaintiff.  1145  CCP. 

TEN  DAYS  after  the  arrest  in  a  civil  action 
the  prisoner  may  make  an  application  for 
his  discharge,  and  such  application  may  be 
made  every  TEN  DAYS  thereafter. 

1 150  CCP. 

THREE  HOURS'  postponement  of  a  trial,  upon 
the  application  of  the  plaintiff,  discharges  the 
defendant  from  arrest.  876  CCP. 

ONE  WEEK'S  payment  for  the  support  of  a 
prisoner  must  be  made  in  advance. 

1154  CCP. 


44 

DISCHARGE 
In  criminal 
actions 


CODE  TIME  TABLE. 

THIRTY  DAYS  is  the  limit  within  which  a 
person  can  be  held  to  answer  for  a  public 
ojBFense,  unless  an  indictment  is  found  or  an 
information  is  filed.  1382  PC. 


SIXTY  DAYS  after  the  finding  of  the  indict- 
ment or  the  filing  of  the  information,  the 
defendant  must  be  brought  to  trial. 

1383  PC. 


Dismissal 

ONE  HOUR  after  the  time  of  the  hearing  the 
parties  must  appear,  and  if  the  plaintiff  fails 
to  do  so  the  case  must  be  dismissed. 

890  CCP. 

See  Default,  Relief. 


Disqualification 


ONE  DAY  at  least  before  the  day  set  for  trial, 
the  affidavit  alleging  the  disqualification  of 
the  Judge  must  be  filed.  170  CCP. 


CODE  TIME  TABLE.  45 

Dissolution 


FIVE  DAYS'  notice  of  the  hearing  of  an 
application  for  dissolution  of  a  corporation 
must  be  given  to  the  person  who  has  filed 
objections  thereto.  1232  CCP. 

THIRTY  DAYS  at  least  the  notice  of  an 
application  for  the  dissolution  of  a  corporation 
must  be  published.  1230  CCP. 

Distribution 

ONE  YEAR  after  the  issuance  of  letters  testa- 
mentary a  petition  of  distribution  of  the 
estate  may  be  filed.  1663  CCP.* 

FOUR  MONTHS  after  the  issuance  of  letters 
testamentary  the  legatees  may  file  a  petition 
for  partial  distribution.  1658  CCP. 

Divorce 

TWO  YEARS  after  the  commission  of  the  act 
of  adultery,  or  after  its   discovery   by  the 


*  Repealed  : — Commissioners'  Amendment,  1901. 


46  CODE  TIME   TABLE. 

DIVORCE  injured  party,  an  action  for  divorce  on  the 

ground  of  adultery  must  be  brought. 

124  CC. 

ONE  YEAR'S  continuance  of  willful  desertion, 
willful  neglect,  or  habitual  intemperance,  is 
necessary  to  constitute  a  ground  for  divorce. 

107  CC. 

TWO  YEARS  after  the  pardon  or  determina- 
tion of  the  period  of  sentence,  an  action  for 
divorce,  where  the  cause  is  conviction  of 
felony,  must  be  commenced.  124  CC. 

TWO  YEARS  must  have  elapsed  after  the 
condonation  before  the  accruing  of  a  cause 
for  divorce.  123  CC. 

ONE  YEAR  the  plaintifif  must  be  a  resident 
of  this  State,  and  THREE  MONTHS  he 
must  have  been  residing  in  the  county  where 
the  action  is  brought,  to  be  entitled  to  a 
decree  of  divorce.  128  CC. 

Docket 

'  See  Judgment. 


CODE  TIME  TABLE.  47 

Document 


THIRTY- YEARS  old  document  is  presumed 
by  law  to  be  genuine,  having  so  been 
considered  by  the  parties.  1963  CCP. 

Elections — Contesting 

FORTY  DAYS  after  the  return  of  the  election 
a  person  contesting  the  election  must  file  a 
written  statement.  11 15  CCP.* 

THREE  DAYS  before  the  trial,  a  list  of 
illegal  voters  must  be  delivered. 

1 1 16  CCP. 

TEN  DAYS  at  least  after  the  order  of  the 
Court,  a  hearing  of  the  contested  election 
must  be  held.  1118CCP. 

FIVE  DAYS'  notice  of  the  hearing  must  be 
given  to  the  persons  whose  right  to  the  office 
is  contested.  11 19  CCP. 


*  TWENTY  DAYS  after  the  election  the  state- 
ment must  be  filed. 

1 1 15  CCP. — Commissioners'  Amendment,  1901. 


48  CODE  TIMB  TABLE. 

ELECTIONS—  TEN  DAYS  after  the  rendition  of  the  decree 
annulling  the  election,  an  appeal  therefrom 
must  be  taken.  1127  CCP. 

Eminent  Domain 

THIRTY  DAYS  after  final  judgment,  the 
assessed  sum  must  be  paid.         125 1  CCP. 

Entry 

See  Forcible  Entry,  Judgment. 

Entry— upon  Real  Property 

ONE  YEAR  after  entry  upon  real  property 
an  action  must  be  begun  thereupon  ;  other- 
wise the  entry  is  not  deemed  valid  as  a 
claim.  320  CCP. 

Escape 

ONE  YEAR  after  the  cause  of  action  arises, 
an  action  against  the  Sheriff  or  officer  for  the 
escape  of  the  prisoner  must  be  begun. 

340  CCP. 


CODE   TIMU    TABLE.  49 

Escheat 

FORTY  DAYS  after  the  order  of  the  Court 
requiring  to  show  cause  why  the  estate 
should  not  vest  in  the  State,  all  claims  to 
escheated  estates  must  be  prcvsented. 

1269  CCP. 

ONE  MONTH  at  least  the  order  of  the  Court 
requiring  to  show  cause  why  the  estate 
should  not  vest  in  the  State  must  be  pub- 
lished. 1269  CCP. 

TWENTY  YEARS  after  judgment,  persons 
who  have  not  been  parties  to  the  proceeding 
to  declare  the  estate  escheated  may  file 
their  claims  to  the  same.  1274  CCP. 

Estates  of  Deceased  Persons 


ONE  YEAR  after  the  granting  of  letters  testa-       Settlement  of 
mentary  the  estate  of  the  deceased  must  be 
settled,  in  case  the  estate  is  insolvent. 

1466  CCP. 

ONE  YEAR  after  the  issuance  of  letters  testa-       claims 
mentary,  claims  to  the  estate  of  the  deceased       against  the 
person  must  be  filed.  1664  CCP. 


50  CODK    TIME    TABLK. 


ESTATES  OF      TEN  DAYS  after  the  presentation,  the  execu- 

Pf^^^,^^  tor    and    administrator    must    endorse    the 

PERSONS 

claim  as  allowed  or  rejected.      1496  CCP. 


THIRTY  DAYS  after  allowance  of  a  claim  by 
the  executor  and  administrator  the  same 
must  be  filed.  1497  CCP.* 

THREE  MONTHS  after  the  rejection  of  a 
claim  by  the  executor  and  administrator,  an 
action  thereon  must  be  commenced,  if  it 
then  be  due.  1498  CCP. 

TWO  MONTHS  after  a  claim  against  the 
estate  of  the  deceased  becomes  due,  an  action 
must  be  begun.  1498  CCP.f 

See   Administrator,    Executor    and 
Administrator,  Public  Administrator. 


*  According  to  the  Commissioners'  Amendment 
of  1901,  of  Sec.  1497,  CCP.,  there  is  no  time  specified 
within  which  claims  must  be  filed. 

t^THREE  MONTHS  after  the  rejection  an  action 
upon  the  claim  must  be  brought,  whether  the  same 
be  then  due  or  uot. 

1498  CCP. : — Commissioners'  Amendment,  1901. 


CODE    TIME    TABLE.  5 1 

Examination 


SIXTY  DAYS  is  the  limit  to  which  the  exam- 
ination of  a  person  arrested  can  be  postponed. 

86i  PC. 

Exception 

See  Sureties, 

Execution 

FIVE  YEARS  after  the  entry  of  a  judgment, 

the  same  may  be  enforced. 

68i,  901  CCP. 

FIVE  DAYS'  notice  of  the  sale  of  personal 
property  on  execution  must  be  given  by 
posting.  692  CCP. 

TWENTY  DAYS'  notice  of  the  sale  of  real 
property  on  execution  must  be  given  by  post- 
ing, and  the  said  notice  must  be  published 
for  the  same  period  of  time.  692  CCP. 

See    Exemption,     Homestead,    Re- 
demption. 


52 


CODE    TIMS    table;. 


Executor  and  Administrator 


Letters  of 
administra- 
tion and 
letters 
testamentary 


Bond 


Claims 
against  the 
estate 


TEN  DAYS'  notice  of  the  hearing  of  an 
application  for  letters  of  administration  must 
be  given.  1373  CCP. 

THIRTY  DAYS  after  the  executor  received 
knowledge  of  the  death  of  the  testator,  the 
executor  must  file  a  petition  for  the  pro- 
bating of  the  will  and.  for  issuing  of  letters 
testamentary.  1301  CCP. 

FIVE  DAYS  before  the  return  daj^  the  cita- 
tion to  show  cause  why  he  should  not  give 
further  security,  must  be  served  on  the 
executor  and  administrator.        1398  CCP. 

TWO  MONTHS  after  letters  of  administration 
are  granted,  the  executor  and  administrator 
must  publish  a  notice  to  the  creditors  of  the 
decedent,  requiring  all  persons  having  claims 
against  him  to  exhibit  them. 

1490,*  1511  CCP. 


*  TEN  DAYS  after  the  issuing  of  letters  testa- 
mentary or  of  administration  the  clerk  must  issue, 
and  the  executor  or  administrator  must  cause  a 
notice  to  be  published,  that  all  creditors  of  the  estate 
shall  appear  and  exhibit  their  claims. 

1490  CCP. — Commissioners'  Amendment,  1901. 


CODE    TIArR    TABLE. 


53 


FOUR  WEEKS  the  notice  of  the  executor 
and  administrator  requiring  all  persons  to 
exhibit  their  claims  must  be  published. 

1490  CCP. 


EXECUTOR 
AND  ADMIN. 
ISTRATOR 


FOUR  MONTHS  after  the  publication  all 
creditors  of  the  decedent,  when  the  estate 
does  not  exceed  the  value  of  ten  thousand 
dollars,  must  exhibit  their  claims  to  the 
executor  and  administrator. 

1 49 1  CCP. 

TEN  MONTHS  after  the  first  publication, 
all  creditors  of  the  decedent,  when  the  estate 
exceeds  the  value  of  ten  thousand  dollars, 
must  exhibit  their  claims  to  the  executor 
and  administrator.  1491  CCP. 

TEN  DAYS  after  presentation  of  the  claim, 
the  executor  and  administrator  must  endorse 
thereon  his  allowance  or  rejection. 

1496  CCP. 


THIRTY  DAYS  after  the  claim  is  allowed  by 
the  administrator  the  same  must  be  filed. 

1497  CCP. 


54 


CODE   TIME   TABIvE. 


EXECUTOR 
AND  ADMIN- 
ISTRATOR 


THREE  MONTHS  after  a  claim  is  rejected 
by  the  executor  and  administrator,  an  action 
must  be  commenced  thereon,  if  the  same  be 
then  due.  1498  CCP 


Account  and 
inventory 


TWO  MONTHS  after  a  claim  rejected  by  the 
executor  and  administrator  becomes  due,  the 
claimant  must  commence  an  action  thereon. 

1498  CCP.* 

SIX  MONTHS  after  his  appointment,  the 
executor  and  administrator  must  render  an 
exhibit,  under  oath,  showing  the  amount  of 
money  received  and  expended  by  him,  the 
amount  of  all  the  claims  presented  against 
the  estate,  and  the  names  of  the  claimants, 
and  all  other  matters  necessarj'  to  show  the 
condition  of  its  affairs.  1622  CCP.f 


THREE  MONTHS  after  letters  of  administra- 
tion are  granted,  the  executor  and  adminis- 


*  THREE  MONTHS  after  the  rejection  of  a 
claim  an  action  must  be  commenced  thereon,  whether 
it  be  then  due  or  not. 

1498  CCP.     CommissionerB' Amendment,  1901. 

t  Repealed  : — Commissioners'  Amendment,  1901. 


CODE   TIME   TABLE. 


55 


trator  must  return  to  tlie  Court  a  true 
inventory  and  appraisement  of  all  the  es- 
tate of  the  decedent.  1443  CCP. 


EXECUTOR 
AND  ADMIN. 
ISTRATOR 


TWO  MONTHvS  after  discovery  of  property 
not  mentioned  in  the  inventory,  the  executor 
and  administrator  must  cause  the  same  to 
be  appraised  and  return  to  the  Court  an 
inventory  thereof.  1451  CCP. 


TEN  DAYS  before  the  hearing  of  the  applica- 
tion of  the  executor  and  administrator  to  let 
real  property,  notice  must  be  given  to  all 
persons  interested.  1579  CCP. 


Application 
to  let  real 
property 


FOUR  WEEKS  after  the  order  of  the  Court  is 
made  to  show  cause  why  real  property 
should  not  be  let  by  the  executor  and  ad- 
ministrator, objections  thereto  must  be  made. 

1579  CCP. 


FIVE  YEARS  is  the  limit  of  the  power  of  the 
executor  and  administrator  to  let  real  prop- 
erty. 1579  CCP, 


56 


CODE  TIME  TABI,E. 


EXECUTOR 
AND  ADMIN. 
ISTRATOR 
Application 
to  mortgage 
real  property 


FOUR  WE:KKS  the  order  of  the  Court  to 
show  cause  why  real  property  should  not  be 
mortgaged  by  the  executor  and  administra- 
tor must  be  published.  1578  CCP. 

TEN  DAYS  before  the  hearing,  the  order  of 
the  Court  to  show  cause  why  real  property 
should  not  be  mortgaged  by  the  executor 
and  administrator  must  be  served  on  the 
parties  interested.  1578  CCP. 


Application 
to  sell  real 
property 


FOUR  WEEKS  the  order  of  the  Court  to  show 
cause  why  real  property  should  not  be  sold 
by  the  executor  and  administrator  must  be 
published.  1539  CCP. 


TEN  DAYS  before  the  hearing,  a  copy  of  the 
order  of  the  Court  to  show  cause  why  real 
property  should  not  be  sold  by  the  executor 
and  administrator  must  be  served  upon  the 
parties  interested.  1539  CCP. 


FIVE  DAYS'  notice  of  the  hearing  of  the  ap- 
plication of  the  executor  and  administrator 
to  sell  real  property  must  be  given. 

1523  CCP. 


CODE    TIMU    TABI,E. 


57 


FOUR  WEEKS  the  order  of  the  Court  to 
show  cause  why  mines  or  mining  interests 
should  not  be  sold  by  the  executor  and  ad- 
ministrator must  be  published. 

1531  CCP. 


EXECUTOR 
AND  ADMIN. 
ISTRATOR 


TEN  DAYS  before  the  hearing,  a  copy  of  the 
order  to  show  cause  why  mines  or  mining 
interests  should  not  be  sold  by  the  executor 
and  administrator  must  be  served  upon 
parties  interested.  1 531  CCP. 


THIRTY  DAYS  after  the  sale  of  real  property 
the  executor  and  administrator  must  return 
an  account  of  the  same.  1575  CCP. 


Sale  of  real 
property 


FOUR  WEEKS  an  order  of  the  Court  to  show 
cause  why  real  property  sold  by  the  execu- 
tor and  administrator  should  not  be  con- 
veyed to  the  purchaser  must  be  published. 

1598  CCP. 


SIX  MONTHS  after  the  decision  of  the  Court 
refusing  to  convey  to  the  purchaser  real 
property  sold  by  the  executor  and  adminis- 
trator, the  claimant  must  sue  for  specific 
performance,  1602  CCP. 


58 


CODE    TIME    TABLE. 


EXECUTOR 
AND  ADMIN- 
ISTRATOR 


TEN  DAYS'  NOTICE  of  the  settlement  of 
the  final  account  of  the  executor  and  admin- 
istrator must  be  given.  1634  CCP. 


Revocation 
of  letters 


THIRTY  DAYS  after  the  executor  and  ad- 
ministrator is  convicted  for  contempt,  and 
has  been  in  custody  without  obeying  the 
order  of  the  Court,  the  letters  must  be  re- 
voked. 1 72 1  CCP. 


Limitation  of 
actions 
against 
executor  and 
administra- 
tor 


THREE  YEARS  after  the  settlement  of  the 
final  account  of  the  executor  and  administra- 
tor, the  heirs  of  the  decedent,  or  other  claim- 
ants, may  bring  action  to  recover  real  prop- 
erty sold  by  the  executor  and  administrator. 

1573  CCP. 


THREE  YEARS  after  the  discovery  of  fraud, 
an  action  may  be  brought  by  the  heirs  of  the 
decedent,  or  other  claimants,  to  set  aside  a 
sale  of  real  property  made  by  the  executor 
and  administrator.  1573  CCP. 


See  Confirmation,  Public   Adminis- 
trator. 


CODE   TIME   TABLE. 


59 


Exemption 


SIXTY  DAYS'  wages  or  salaries  for  services 
rendered  before  the  levy  of  execution  are 
exempted  from  execution,  unless  such  claims 
are  disputed  by  the  debtor  or  the  creditor  ; 
in  which  case  an  action  can  be  brought 
thereon  within  TEN  DAYS  after  the  levy  of 
execution.  1206  CCP. 


Exemption 

from 

execution 


THIRTY  DAYS'  earnings  of  the  judgment 
debtor  immediately  preceding  the  execution 
or  attachment  are  exempted  from  execution. 

690  CCP. 

ONE  MONTH'S  food  for  two  oxen,  two 
horses,  or  two  mules,  and  seed,  grain  and 
vegetables  reserved  for  the  purpose  of  plant- 
ing at  any  time  within  the  ensuing  SIX 
MONTHS,  are  exempted  from  execution. 

690  CCP. 

False  Imprisonment 


ONE  YEAR  after  the  cause  of  action  arises, 
a  suit  for  false  imprisonment  ma3^  be 
commenced.  340  CCP. 


6o  CODE   TIME  TABLE. 

Final  Account 


See    Executor    and    Administrator, 
Settlement. 

Final  Distribution 

See  Distribution. 

Forcible  Entry 

FIVE  DAYS  after  demand,  a  person  who  un- 
lawfully enters  real  property,  and  does  not 
surrender  the  same  within  that  period  of 
time,  becomes  guilty  of  forcible  entry  and 
unlawful  detainer.  1160CCP. 

TWO  DAYS  at  least  before  the  return  day 
the  summons  in  an  action  of  forcible  entry 
must  be  served  on  the  defendant. 

1167  CCP.* 


*  THREE  DAYS  after  the  service  of  summons 
in  an  action  for  forcible  entry  the  defendant  must 
appear  and  answer. 

1167  CCP.— Commissioners*  Amendment,  1901. 


CODE  TIME   TABLK.  6l 

ONE  YEAR'S  quiet  possession  is  a  bar  to  all      FORCIBLE 

ENTRY 

proceedings  for  forcible  entry. 

1 172  CCP. 
See  Detainer. 

Foreclosure 

See  Mortgage,  Redemption. 

Forfeiture 

ONE  YEAR  after  the  cause  of  action  arises, 
an  action  for  forfeiture  upon  a  statute  can  be 
commenced.  340  CCP. 

Fraud 

THREE  YEARS  after  the  cause  of  action 
arises,  an  action  for  relief  on  the  ground  of 
fraud  can  be  brought.  338  CCP. 

Genuineness 

TEN  DAYS  after  receipt  of  an  answer,  the 
plaintiff  may  file  an  affidavit  denying  the 
genuineness  of  the  written  instrument 
pleaded  by  the  defendant.  448  CCP. 


62 


CODE   TIME   TABLE. 


Guardian  and  Ward 


Quardian 
ad  litem 


TEN  DAYS  after  the  service  of  summons  an 
infant  may  apply  for  the  appointment  of  a 
guardian  ad  litem.  2)12)  CCP. 


TEN  DAYS  after  the  service  of  summons  on 
a  minor  over  the  age  of  fourteen  years,  the 
Court  may  appoint  a  guardian  ad  litem,  if 
the  minor  neglects  within  that  time  to  appoint 
cue.  1749  CCP. 


Inventory 
and  accounts 


THREE  MONTHS  after  liis  appointment, 
the  guardian  must  return  to  the  Court  an 
inventory  of  the  property.  1773  CCP. 


ONE  YEAR  after  his  appointment  the  guardian 
must  present  to  the  Court  the  accounts  for 
settlement.  1774  CCP.* 


THREE  MONTHS  after  his  appointment  the 
guardian  must  render  an  account  of  the  estate. 

1754  CCP. 


*  Repealed  :— Commissioners'  Amendment,  1901. 


CODE   TIME   TABLE. 


63 


THIRTY  DAYS  after  the  guardian  becomes 
guilty  of  contempt  of  Court,  for  not  rendering 
accounts  according  to  the  order  of  the  Court, 
his  letters  must  be  revoked. 

1801  CCP. 


GUARDIAN 
AND   WARD 


TEN  DAYS'  notice  of  the  application  for 
removal  of  property  must  be  given  to  the 
resident  guardian.  1798  CCP. 


Removal  of 
property 


THREE  YEARS  after  the    discharge  or  re-  Actions 

-     -  ,.  •     ^  ^1  against 

moval  of  a  guardian,  an  action  against  the  sureties  on 

sureties  on  bond  of  the  guardian  must  be  bond  of  the 

commenced.  1805  CCP.  guardian 


THREE  YEARS  after  the  termination  of  the 
guardianship,  an  action  for  the  recovery  of  an 
estate  sold  by  the  guardian  must  be  brought 
by  the  ward.  1806  CCP. 


5a!Q  of  real 
property 


FOURTEEN  DAYS  before  the  hearing  of  the 
petition  of  the  guardian  to  sell  real  property, 
a  copy  of  the  order  of  the  Court  to  show 
cause  why  the  same  should  not  be  sold  must 
be  served  upon  the  parties  interested. 

1783  CCP. 


64 


CODE  TIMK  TABLtt. 


GUARDIAN 
AND   WARD 


Discharge  of 
guardian 

Quardiansliip 
for 

Incompetent 
persons 


THREE  WEEKS  the  order  of  the  Court  made 
upon  the  petition  of  the  guardian  to  sell  real 
property,  requiring  all  persons  interested  to 
appear  and  to  show  cause  why  the  property 
should  not  be  sold,  must  be  published. 

1783  CCP. 

THREE  YEARS'  credit  may  be  given  by  the 
guardian  to  the  purchaser  of  real  property. 

1791  CCP. 

ONE  YEAR  after  the  ward's  majority  a 
guardian  may  be  discharged.         257  CC* 

FIVE  DAYS'  notice  of  the  hearing  of  the 
application  for  guardianship  must  be  given 
to  the  supposed  incompetent  person. 

1763  CCP. 

See    Executor    and    Administrator, 
Notice,  Probate. 

Heirs 

ONE  YEAR  after  the  issuance  of  letters  testa- 
mentary, the  heirs  or  legatees  may  file  a 
petition  for  final  distribution  of  the  estate. 

1664  CCP. 


*  Repealed  :— Commissioners'  Amendment,  1901. 


CODE  TIME  TABLE. 


65 


FOUR  YEARS  after  the  devisor's  death,  the 
will  must  have  been  proved  to  make  good 
the  conveyance  of  an  heir.  1364  CC. 

See    Executor    and    Administrator, 
Probate. 


HEIRS 


Homestead 

TWO  DAYS'  notice  of  the  hearing  of  the  Appraise- 
petition  to  appraise  the  value  of  a  homestead  execution 
on  execution  must  be  given  to  the  claimant. 

1248  CC* 

FIFTEEN  DAYS  after  their  appointment,  the 
appraisers  must  make  their  report  to  the 
Court.  1252  CC. 


SIX  MONTHS  after  the  sale  of  a  homestead, 
the  money  received  therefrom  by  the  claimant 
is  entitled  to  the  same  protection  from  legal 
process  which  the  law  gives  to  the  homestead 
itself.  1257  CC. 


Sale 


*  TEN  DAYS  before  the  bearing  a  copy  of  tbe 
petition  must  be  served  on  the  claimant. 

1248  CC— Commissioners'  Amendment,  1901. 


66  CODE    TIME    TABLE. 

Impeachment 


TEN  DAYS  before  the  hearing,  the  articles 
of  impeachment  must  be  served  on  the 
defendant.  740  PC. 

TEN  DAYS  before  the  hearing,  notice  thereof 
must  be  given  to  the  officer  accused  of  mis- 
conduct in  office.  760  PC. 


Imprisonment 

TEN  DAYS  after  the  arrest,  the  person  held 
in  custody  in  a  civil  action  may  apply  for 
his  discharge,  and  such  application  may  be 
made  every  succeeding  TEN  DAYS. 

1 1 50  CCP. 

ONE  DAY'S  notice  of  the  hearing  of  an 
application  for  discharge  must  be  given  to 
the  plaintiff.  1 145  CCP. 

ONE  WEEK'S  payment  for  the  support  of  the 
prisoner  must  be  made  in  advance  by  the 
creditor.  1154  CCP. 


CODE    TIME    TABLE.  67 

Imprisonment — False 

ONE  YEAR  after  the  cause  of  action  arises, 
an  action  for  false  imprisonment  must  be 
commenced.  340  CCP. 

Incompetent  Person 

FIVE  DAYS'  notice  of  the  hearing  of  a 
petition  for  guardianship  must  be  given  to 
the  supposed  incompetent  person. 

1763  CCP. 

Indictment 

THIRTY  DAYS  after  a  person  has  been  held 
to  answer  for  a  public  offense,  an  indictment 
must  be  found  or  information  filed. 

1382  PC. 

THIRTY  DAYS  after  the  finding  of  an  indict- 
ment or  filing  of  the  information,  the 
defendant  must  be  brought  to  trial. 

1382  PC. 

ONE  DAY  at  least  must  be  allowed  the  de- 
fendant, when  he  requires  it,  to  answer  to  an 
indictment  or  information.  990  PC. 


68  CODE   TIME   TABLE. 

INDICTMENT  THREE  YEARS  after  the  commission  of  a 
felony,  other  than  murder,  an  indictment 
must  be  found  or  information  filed, 

800  PC. 

ONE  YEAR  after  the  commission  of  a  mis- 
demeanor, an  indictment  therefor  must  be 
found  or  information  filed.  801  PC. 


Information 

THIRTY   DAYS   after  the  commitment  the 
District  Attorney  must  file  the  information. 

809  PC. 

See  Indictment. 


Injunction 

TWELVE  MONTHS  is   the    limit   of    time 

within  which  an  injunction  granted  prior  to 

the  trial  can  continue  in  force. 

527  CCP. 

FIVE  DAYS  after  service  of  the  injunction, 
the  defendant  may  except  to  the  sufficiency 
of  sureties,  and  they  have  to  justify  upon 


CODE   TIME   TABLE.  69 

notice   to   the   defendant   of  not   less   than        INJUNCTION 
TWO  nor  more  than  FIVE  DAYS. 

529  CCP. 

Injuries 

TWO  YEARS  after  the  death  of  a  person 
caused  by  neglect  or  wrongful  act  of  another, 
an  action  to  recover  damages  therefor  must 
be  commenced,  339  CCP, 

ONE  YEAR  after  the  cause  of  action  for  libel, 
slander,  assault  and  battery,  false  imprison- 
ment or  seduction  arises,  an  action  therefor 
must  be  commenced.  340  CCP. 

THREE  YEARS  after  the  cause  of  action 
for  injury  of  goods  or  chattels  arises,  the 
action  must  be  commenced.         338  CCP. 

See  Damages. 

Inventory 

See    Executor    and    Administrator, 
Guardian  and  Ward. 


70 


CODE   TIME  TABLE. 


Judge 


Entry 


Execution 


See  Disqualification  of. 
Judgment 

TWENTY- FOUR  HOURS  after  the  rendition 
of  a  verdict,  the  judgment  must  be  entered. 

664  CCP.* 

SIX  MONTHS  after  the  rendition  of  a  judg- 
ment the  same  must  be  entered. 

581  CCP.* 

TWO  DAYS  after  the  costs  are  taxed  and 
ascertained  the  same  must  be  inserted  in  the 
judgment.  1035  CCP. 

FIVE  YEARS  after  the  entry  of  judgment  the 
same  must  be  enforced.  901  CCP. 


*  According  to  the  Commissioners'  Amendment 
of  1901,  there  is  no  specified  time  of  entry  of  a  judg- 
ment if  the  trial  has  been  had  by  the  Court ;  the 
clerk  must  enter  such  judgment  immediately  after 
filing  of  the  decision. 

See  Sec.  664  CCP.— Commissioners'  Amendment, 
1901. 


CODE   TIME   TABLE. 


71 


FIVE  YEARS  after  the  entry  of  a  judgment 
an  execution  thereon  must  l^e  issued. 

681  CCP. 


JUDGMENT 


TWO  DAYS  at  least  after  a  verdict  of  guilty 
in  a  case  of  felony,  the  Court  may  pronounce 
judgment.  1191  PC. 


In  criminal 

cases 


TWENTY  DAYS  after  the  rendition  of  judg-        Application 
ment  in  the  Supreme  Court,  an  application       .^  Bank 
may  be  made  for  hearing  of  the   cause  in 
Bank.  RSC  XXVII-i. 


NINETY  DAYS  after  the  submission  of  a 
cause  in  which  the  opinion  is  to  be  written, 
the  opinion  must  be  filed.     RSC  XXX-3. 


Written 
opinion  of 
the  Court 


TWO  YEARS  a  judgment  of  the  Justices' 
Court,  when  recorded,  is  a  lien  upon  the 
real  property  of  the  defendant.     900  CCP. 


Judgment 
lien 


FIVE  YEARS  a  docket  judgment  is  a  lien 
upon  all  the  real  property  of  the  judgment 
debtor.  671  CCP. 


TWO  YEARS  is  the  limit  of  time  within 
which  a  transcript  of  the  original  docket 
filed   with  the  Recorder  of  another  county, 


72 
JUDGMENT 


Relief  from 
judgment 


Motion  to 

vacate 

judgment 


CODE   TIME   TABLE. 

is  a  lien  upon    the    real    property  of    that 
county.  674  CCP.* 

TEN  DAYS  after  the  entry  of  the  judgment 
in  the  Justices'  Court,  an  application  for  re- 
lief therefrom,  when  the  same  was  taken  by 
default,  must  be  made.  859  CCP. 

SIX  MONTHS  after  judgment  an  application 
for  relief  from  a  judgment  taken  through 
mistake,  inadvertence,  surprise  or  excusable 
neglect,  must  be  made.  473  CCP. 

TKN  DAYS'  notice  of  a  motion  to  vacate  or 
set  aside  a  judgment  must  be  given. 

663>^  CCP. 

SIXTY  DAYS  after  the   service  of  notice  of 

motion  to  vacate  or  set  aside  a  judgment, 

such  motion  must  be  made. 

663^  CCP.t 
See  Appeal. 


*  FIVE  YEARS  after  entry  a  judgment  is  a  lien 
upon  the  property  of  the  judgment  debtor  in  another 
county  when  a  transcript  of  the  judgment  has  been 
filed  with  the  Recorder  of  that  county. 

674  CCP. — Commissioners'  Amendment,  1901. 

t  TWENTY  DAYS  after  the  service  of  notice  the 
motion  must  be  made. 

663^  CCP. — Commissioners'Amendment,  1901. 


CODK   TIME   TABLE.  73 

Jury 


THREE  DAYS  prior  to  the  day  set  for  hear- 
ing, the  request  for  a  trial  by  jury  must  be 
made  in  a  case  of  contesting  a  will. 

1312  CCP.* 

Justification 

See    Appeal,     Attachment,    Excep- 
tions, Sureties,  Undertaking. 


Landlord  and  Tenant 

THREE  DAYS'  notice  to  perform  the  condi-       Unlawful 
tions  of  a  lease  must  be  given  to  a  tenant, 
and,  if  the  tenant  does  not  perform  the  same 
within  that  period  of  time,  he  is  liable  for 
unlawful  detainer.  1160,  1161  CCP. 

THIRTY  DAYS  after  the  entrj^  of  a  judgment, 
by  virtue  of  which  a  lease  is  declared  for- 
feited, a  tenant  may  make  application  for 
relief  (restoration  of  the  lease). 

1179  CCP. 

*  Repealed: — Commissioners'  Amendmeut,  1901. 


74 


CODE   TIME  TABI^E. 


LANDLORD 
AND  TENANT 


FIVE  DAYS  after  the  entry  of  a  judgment 
whereby  an  unlawful  detainer  is  adjudged, 
before  the  expiration  of  the  lease,  on  account 
of  the  non-payment  of  rent,  the  judgment 
may  be  issued.  1174  CCP. 


Time  for 
which 
property- 
may  be  let 


TEN  YEARS  is  the  limit  of  the  power  of  an 
owner  to  let  or  grant  land  for  agricultural 
purposes  when  rent  or  service  of  any  kind  is 
to  be  received.  717  CC* 


Notice  to 
quit 


TWENTY  YEARS  is  the  limit  of  time  for 
which  the  owner  may  let  or  grant  any  town 
or  city  lot,  when  by  the  terms  of  the  lease  or 
grant  a  rent  or  service  of  any  kind  is  reserved. 

718  CC.f 

ONE  MONTH'S  notice  of  the  termination  of 
a  tenancy  or  other  estate  at  will  must  be  given 
to  the  tenant.  789  CC. 


*  According  to  the  Commissioners'  Amendment 
of  1901,  the  limit  of  time  is  changed  to  THIRTY 
YEARS. 

t  According  to  the  Commissioners'  Amendment 
of  1901,  the  limit  of  time  is  changed  to  FIFTY 
YEARS. 


CODE  TIME   TABLE. 


75 


THREE  DAYS'  notice  of  the  re-entry  must      LANDLORD 

ANDTENANT 

be   given  where   the   right  of  re-entry  has 

Notice  of 
accrued.  791  CC.  re=entry 

FIFTEEN  DAYS'  notice  of  a  change  of  the     Notice  of 

terms  of  a  lease  must  be  given  to  a  tenant  in     f  ^"^^  ° 

terms 

all  leases  or  tenements  from  month  to  month. 

827  CC. 

See  Adverse  Possession,  Detainer. 
Legatees 

FOUR  MONTHS  after  the  issuance  of  letters 
testamentary,  the  legatees  may  file  a  petition 
for  partial  distribution.  1658  CCP. 

See  Estate,  Executor  and  Adminis- 
trator, Probate. 

Letters  of  Administration 

See    Administrator,   Executor    and 
Administrator. 


Letters  of  Guardianship 

See  Q-uardian  and  "Ward. 


76  CODE  TIME  TABLE. 

Letters  Testamentary 

See  Executor  and  Administrator. 

Libel 

ONE  YEAR  after  the  cause  of  action  for  libel 
arises,  an  action  must  be  begun. 

340  CCP. 

Liens 

ONE  YEAR  from  the  time  that  a  demand  for 
services  rendered,  work,  supplies,  injury  to 
propert)^  or  person,  or  non-performance  of  an 
obligation  arises,  the  same  is  a  lien  upon 
steamers,  vessels  and  boats.  813  CCP. 

SIXTY  DAYS'  wages,  earned  immediately 
preceding  the  death  of  an  employer,  and  not 
exceeding  the  sum  of  one  hundred  dollars, 
are  a  lien  upon  all  the  property  of  the 
deceased,  and  rank  next  after  the  funeral 
expenses.  1204,  1205  CCP. 

See  Judgment,  Mechanics'  Liens. 


CODE  TIME  TABLE.  77 

Limitations— Statute   of 

FOUR  YEARS  after  the  cause  of  action  arises,        Contract 
an   action   upon   a   contract    or    obligation 
founded    upon   an    instrument   in   writing, 
executed  in  this  State,  must  be  commenced. 

337  CCP. 

TWO  YKARS  after  the  cause  of  action  arises, 
an  action  upon  a  contract,  obligation  or 
liability,  not  founded  upon  an  instrument  in 
writing  or  founded  upon  an  instrument  in 
writing  executed  out  of  the  State,  must  be 
begun.  339  CCP. 

SIX   MONTHS  after  the  sale,  an  action  to       Corporations 
recover  stock  sold  for  delinquent  assessments 
must  be  commenced.  "  347  CC. 


THREE  YEARS  after  the  discovery  of  facts 
constituting  a  cause  of  action,  the  action 
against  the  directors  or  stockholders  of  a 
corporation  to  recover  a  penalty  or  forfeiture, 
or  to  enforce  a  liability,  must  be  com- 
menced. 359  CCP. 


78 


CODE  TIME  TABLE. 


LIMITATIONS    THREE   YEARS  after  the  commission  of  a 

—STATUTE  O         felony,    other   than  murder,  an   indictment 

In  criminal 

cases 


must  be  found  or  information  filed. 


800  PC. 

ONE  YEAR  after  the  commission  of  a  misde- 
meanor, an  indictment  therefor  must  be 
found  or  information  filed.  801  PC. 


Divorce 


Escape 


Fraud 


TWO  YEARS  after  the  discovery  of  an  act  of 
adultery  by  the  injured  party,  or  the  com- 
mission of  the  same,  an  action  for  divorce  on 
the  ground  of  adultery  must  be  brought. 

124  CC. 

TWO  YEARS  after  the  pardon  or  the  termin- 
ation of  the  period  of  sentence,  an  action  for 
divorce  must  be  commenced,  when  the  cause 

thereof  is  a  conviction  of  felony. 

124  CC. 

ONE  YEAR  after  the  cause  of  action  arises, 
an  action  against  a  Sheriff  or  other  officer  for 
the  escape  of  a  prisoner  must  be  com- 
menced. 340  CCP. 

THREE  YEARS  after  the  cause  of  action 
arises,  an  action  for  relief  on  the  ground  of 
fraud  or  mistake  must  be  commenced. 

338  CCP. 


CODE   TIME  TABLE. 


79 


THREE  YEARS   after  the  cause   of  action     LIMITATIONS 

^     ,  ,  .  ,  ^  .    •  -STATUTE  OF 

arises,  an  action  for  taking,  detaining  or  in- 
juring any  goods  or  chattels,  including 
actions  for  the  specific  recovery  of  personal 
property,  must  be  commenced.     -^38  CCP. 


FIVE  YEARS  after  the  entry  of  a  judgment 
or  decree,  an  action  thereon  must  be  brought. 

336  CCP. 


Judgment 


ONE  YEAR  after  the  cause  of  action  arises, 
an  action  upon  a  statute  for  a  penalty  or  for- 
feiture must  be  begun.  340  CCP. 


Penalty 


TWO  YEARS  after  the  cause  of  action  arises, 
an  action  for  recovery  of  damages  for  one's 
death,  caused  by  the  negligence  or  wrong- 
ful act  of  another,  must  be  brought. 

339  CCP. 


Personal 
injuries 


ONE  YEAR  after  the  cause  of  action  arises, 
an  action  for  libel,  slander,  assault  and  bat- 
tery, false  imprisonment,  and  seduction, 
must  be  commenced.  340  CCP. 


TEN  YEARS  after  the  right  or  title  to  any 
real  property  or  the  issue  or  profits  thereof 


8o  CODE  TIME   TABLE. 

LIMITATIONS  shall  have  accrued,  the  people  of  the  State 

—STATUTE  OF  .„  .  .  , 

will  not  sue  any  person  for  or  with  respect  to 

an}^  such  property,  issue  or  profits. 

315  CCP. 

FIVK  YEARS  is  the  limit  of  time  within 
which  an  action  to  recover  real  property 
must  be  brought.  317,  318  CCP. 

FIVE  YEARS  is  the  limit  of  time  within 
which  an  action  arising  out  of  the  title  to 
real  property  must  be  brought. 

317  CCP. 

ONE  YEAR  after  making  an  entry  upon  real 
property,  an  action  must  be  commenced 
thereupon  in  order  to  make  such  entry  valid 
as  a  claim.  320  CCP. 

FIVE  YEARS  after  the  cause  of  action  arises, 
an  action  for  mesne  profits  on  real  property 
must  be  commenced.  336  CCP. 


Redemption  FIVE  YEARS  after  breach  of  condition  of  a 

o  mortgage  mortgage,  an  action  to  redeem  the  mortgage 

must  be  commenced.  346  CCP. 


CODE  TIME  TABLE. 


8i 


SIX  MONTHS  after  the  death  of  a  person,  if  LIMITATIONS 
the  person  dies  before  the  expiration  of  the  ""STATUTE  OP 
time  limited   for  the   commencement  of  an     tlves^of^"  ^' 


action,    the  same   may   be   brought  by  his 
representatives.  353  CCP. 


deceased 
persons 


ONE  YEAR  after  the  issuing  of  letters  testa- 
mentary or  of  administration,  an  action  may 
be  commenced  against  the  representatives  of 
a  decedent,  if  the  person  against  whom  an 
action  may  be  brought  dies  before  the  expir- 
ation of  the  time  limited  for  the  commence- 
ment thereof.  353  CCP. 

ONE  YEAR  after  the  reversal  of  a  judgment 
on  appeal,  a  new  action  may  be  commenced 
by  the  plaintiff,  or,  if  he  die,  by  his 
representative.  •  355  CCP. 


TWO  YEARS  after  the  cause  of  action  against     Sheriff 

a  Sheriff,  Coroner  or  Constable,  upon  liabilitv      ^®'*oner 

,  .       „  .  ,  .  ^      ConsUble 

mcurred  m  official  capacity,  arises,  an  action 

thereon  must  be  brought.  339  CCP. 


TWO  YEARS  after  the  cause  of  action  has     State 
accrued,  an  action   against  the  State  on  a 


82 


CODE  TIME   TABLE. 


LIMITATIONS 
—STATUTE  OF 


claim  upon  a  contract  or  for  negligence  must 
be  commenced.  p.  868  App.  CCP. 


Statutory 
liability 


THREE  YEARS  after  the  liability  created  by 
statute,  other  than  a  penalty  or  forfeiture, 
arises,  an  action  must  be  commenced  thereon. 

338  CCP. 


Tax 
Collector 


SIX  MONTHS  is  the  limit  of  time  within  which 
an  action  against  an  officer  or  officers  de  facto, 
to  recover  property  seized  in  the  capacity  as 
Tax  Collector,  must  be  commenced. 

341  CCP. 


Time  to 
commence 
actions, 
generally 


FOUR  YEARS  after  the  cause  of  action  arises, 
all  actions  for  relief  not  provided  for  by  the 
code  must  be  commenced.  343  CCP. 


Trespass  THREE   YEARS   after   the  cause  of  action 

arises,    an   action    for    trespass    upon    real 

property  must  be  commenced. 

338  CCP. 


See  Alien,  Annulment  of  Marriage, 
Divorce,  Indictment,  Probate. 


CODE  TIME  TABLE.  83 

Mandamus 


TEN  DAYS'  notice  of  the  application  for  a 
writ  of  mandamus  must  be  given. 

1088  CCP. 

Marriage 

See    Annulment,    Divorce,    Limita- 
tions— Statute  of. 

Married  Woman 

See  Sole  Trader. 

Master  and  Servant 

TWO  YEARS  is  the  limit  of  time  for  which 
a  contract  of  apprenticeship  can  be  enforced 
against  an  employer.  1980  CC. 

Mechanics'  Liens 

SIXTY  DAYS  after  the  filing  of  a  notice  of 

completion,  the  original  contractor  must  file 

his  claim  with  the  Recorder. 

1187  CCP. 


84  CODE  TIME   TABLE. 

MECHANICS*      THIRTY  DAYS  after  the  original  contractor 

LIENS 

has  filed  his  claim,  any  other  person  may 
file  his  claim  with  the  Recorder,  and  such 
filing  must  take  place  in  no  case  later  than 
NINETY  DAYS  after  the  completion  of  the 
building.  1187  CCP. 


NINKTY  DAYS  after  a  claim  has  been  filed 
the  lien  is  in  force,  and  in  no  case  is  a  claim 
a  lien  upon  the  property  for  a  longer  time 
than  TWO  YEARS  after  the  work  is 
completed.  1 190  CCP. 

See  Liens. 

Mining 

See  Executor  and  Administrator. 

Minor 

See  Guardian  and  "Ward. 


CODE  TIMK  TABLE. 


85 


Mortgage 

THIRTY  DAYS  after  the  sale,  the  report  of 
the  Commissioner  must  be  filed. 

729  CCP. 

» 

FIVE  YEARS  after  the  breach  of  a  condition 
of  a  mortgage,  an  action  to  redeem  the 
mortgage  must  be  brought.  346  CCP. 

Motion 


FIVE  DAYS  before  the  day  of  hearing,  a 
notice  of  motion  must  be  given  if  said  notice 
is  served  in  the  same  cit}'  and  county  ;  if  the 
notice  is  served  elsewhere,  the  same  must  be 
given  within  TEN  DAYS  before  the  day  of 
hearing  ;  when  notice  is  served  by  mail,  then 
the  number  of  days  must  be  increased  at 
least  ONE  DAY  for  every  twenty-five  (25) 
miles,  not  to  exceed  in  all  THIRTY  DAYS. 

1005  CCP. 


Notice  of 
motion 


TEN  DAYS  after  the  notice  of  the  rendition 
of  a  judgment  or  decree,  the  party  intending 
to  make  a  motion  to  set  aside  or  vacate  the 
same  must  give  notice  of  his  motion. 

663^^  CCP. 


Motion  to  set 

aside 

judgment 


86 


CODE  TIME  TABLE. 


MOTION  SIXTY  DAYS  after  the  service  of  notice  of 

intention  to  make  a  motion  to  set  aside  or 
vacate  judgment,  said  motion  must  be  made. 

663>^  CCP.* 


Motion  to 
tax  costs 


FIVE  DAYS  after  notice  of  the  filing  of  a 
bill  of  costs,  a  party  dissatisfied  with  the 
costs  claimed  may  make  a  motion  to  have 
the  same  taxed,  1033  CCP. 


Notice  of 
motion  in  the 
Supreme 
Court 


TEN  DAYS'  notice  of  motion  must  be  given 
in  the  Supreme  Court.  RSC  XX- 1. 

See  New  Trial. 


Name — Change  of 

FOUR  WEEKS  a  petition  for  change  of  name 
must  be  published.  1277  CCP. 


*  TWENTY  DAYS  after  service  of  notice  thereof 
the  motion  must  be  made. 

663a. — Commissioners'  Amendment,  1901. 


CODE   TIME  TABIvE.  87 

Negligence 


TWO  YEARS  after  the  cause  of  action  arises, 
an  action  to  recover  damages  for  the  death 
of  a  person  caused  by  the  wrongful  act  or 
neghgence  of  another  must  be  commenced. 

339  CCP. 

New  Trial 

TEN  DAYS  after  the  verdict  of  a  jury,  when 
the  case  is  tried  with  a  jury,  the  notice  of 
intention  to  move  for  a  new  trial  must  be 
given  to  the  opposing  party  ;  and  when  the 
case  was  tried  without  a  jury,  said  notice 
must  be  given  within  TEN  DAYS  after  the 
decision.  659  CCP. 

TEN  DAYS  after  the  service  of  notice  of 
motion,  the  affidavits  on  the  motion  for  a 
new  trial,  when  the  motion  is  based  upon 
affidavits,  must  be  served  on  the  opposing 
party.  659  CCP. 

TEN  DAYS  after  the  receipt  of  the  affidavits 
upon  which  the  motion  for  a  new  trial  is 
based,  counter-affidavits  must  be  served  and 
filed.  659  CCP. 


88 


CODE  TIME   TABLE. 


NEW  TRIAL      TEN  DAYS  after  the   notice  of  intention  to 
Statement  move  for  a  new  trial,  a  draft  of  the  statement 

must  be  prepared  by  the  moving  party. 

659  CCP. 

TEN  DAYS  after  the  service  of  the  statement 
upon  the  adverse  party,  proposed  amend- 
ments must  be  served  upon  the  moving 
party.  659  CCP. 

TEN  DAYS  after  the  receipt  of  the  amend- 
ments, the  statement,  together  with  the 
amendments,  must  be  presented  to  the  Judge 
or  be  delivered  to  the  clerk  upon  FIVE 
DAYS'  notice  to  the  adverse  party. 

659  CCP. 

Notice 


Appeal 


SIX  MONTHS  after  the  entry  of  the  final 
judgment,  notice  of  appeal  must  be  given. 

939  CCP. 

NINETY  DAYS  after  the  entry  of  the  judg- 
ment in  the  inferior  Court,  notice  of  appeal 
must  be  given.  939  CCP. 


CODE  TIME  TABLE. 


89 


SIXTY  DAYS  after  the  entry  of  au  order  or 
interlocutory  judgment,  notice  of  appeal 
must  be  given.  939  CCP. 


NOTICE 


THIRTY  DAYS'  notice  of  appeal  must  be 
published  in  criminal  actions  when  personal 
notice  cannot  be  made.  1241  PC. 

FIVE  DAYS'  notice  of  a  motion  to  dismiss 
the  appeal  must  be  given  in  criminal  actions. 

1248  PC. 


FOUR  DAYS  prior  to  the  application  for  the 
entry  of  an  award  as  judgment,  notice 
thereof  must  be  given.  1286  CCP. 


Award 


FIVE  DAYS'  notice  of  the  surrender  of  the 
defendant  must  be  given  to  the  District 
Attorney  for  the  purpose  of  exonerating  the 
bail.  1300,  1302  PC. 


Bail 


FIVE  DAYS  after  service  of  the  proposed 
amendments,  notice  of  the  presentment  of 
the  bill  of  exceptions  or  statement  for  settle- 
ment must  be  given.  650,  659  CCP. 


Bill  of 
exceptions 


90 


CODE  TIME   TABLE. 


NOTICE  FIVE  DAYS'  notice  of  the  acceptance  of  an 

Compromise  oflFer  to  compromise  must  be  given. 

997  CCP. 

Creditors  FOUR  WEEKS'  notice  by  publication  must 

be  given  by  the  executor  and  administrator 
to  all  persons  to  exhibit  their  claims,  and 
the  time  therefor  must  be  TEN  MONTHS 
after  the  first  publication  when  the  estate 
exceeds  the  value  of  $10,000,  and  FOUR 
MONTHS  when  the  estate  does  not  exceed 
the  value  of  $10,000.  1491  CCP. 

Deposition  FIVE  DAYS'  notice  of  the  taking  of  a  deposi- 

tion of  a  witness  out  of  the  State  must  be 
given  to  the  adverse  party.        2024  CCP. 


Discliarge  ONE  DAY  before  the  hearing  of  an  applica- 

tion for  discharge  from  arrest,  notice  of  the 
application  must  be  given  to  the  plaintiff. 

1 145  CCP. 

Dissolution  FIVE  DAYS'  notice  of  the  hearing  of  an  ap- 

plication for  the  dissolution  of  a  savings  or 
loan  association  must  be  given  to  the  claim- 
ants having  demands  against  such  corpora- 
tion. 1234  CCP. 


CODE  TIME  TABLE.  9I 


sureties 


THIRTY  DAYS  after  the  filing  of  an  under-       NOTICE 
taking  on  appeal,  notice  of  exception  to  the       Exception  to 
sureties  must  be  given.  948  CCP. 

TWENTY  DAYS  after  the  notice  of  exception 
to  the  sureties  on  appeal,  the  appellant  must 
give  notice  of  the  place  and  time  of  justifica- 
tion. 948  CCP. 

FIVE  DAYS  after  service  of  summons,  the 
notice  of  exception  to  the  sufl&ciency  of 
sureties  on  attachment  must  be  given. 

539  CCP. 

TWO  DAYS  at  least  before  the  hearing,  the 
plaintifi"  must  give  notice  to  defendant  of 
time  and  place  of  the  justification  of  sureties 
on  attachment.  539  CCP. 

TEN  DAYS  after  the  fihng  of  an  undertaking 
in  the  case  of  arrest  of  the  defendant,  plain- 
tifi" must  give  notice  of  his  refusal  to  accept 
the  bail.  492  CCP. 

FIVE  DAYS  after  receipt  of  notice  refusing  to 
accept  bail,  the  Sherifi"  must  give  notice  to 


92 

NOTICE 


CODE   TIMK   TABLE. 

the  plaintiff  of  the  justification  of  the  sure- 
ties ;  and  said  justification  must  take  place 
in  not  less  than  FIVE  DAYS  nor  more  than 
TEN  DAYS  thereafter.  492  CCP. 


TWO  DAYS  after  the  service  of  an  undertak- 
ing, notice  of  exception  to  the  sureties  in  an 
action  for  claim  and  delivery  must  be  given. 

513  CCP. 

FIVE  DAYS  after  service  of  an  injunction, 
notice  of  exception  to  sureties  on  injunction 
must  be  given  to  the  plaintiff;  and  the 
sureties  must  justify  within  not  less  than 
TWO  nor  more  than  FIVE  DAYS  thereafter. 

529  CCP. 

TEN  DAYS  after  the  service  of  summons, 
notice  of  exception  to  sureties  in  an  action 
for  libel  and  slander  must  be  given,  and  the 
sureties  must  justify  within  not  less  than 
FIVE  DAYS  nor  more  than  TEN  DAYS 
thereafter.  p.  862  App.  CCP. 


Execution  FIVE  DAYS'   notice  of  the  sale  of  personal 

property  on  execution  must  be  posted. 

692  CCP. 


CODE   TIME  TABLE.  93 

TWENTY  DAYS'  notice  of  the  sale  of  real       NOTICE 
property  on  execution  must  be  posted. 

692  CCP. 

TEN  DAYS'  notice  of  the  sale  of  a  steamer 
on  execution  must  be  published. 

824  CCP. 

TEN  DAYS'  notice  of  a  hearing  of  a  petition       Executor  and 

for  letters  of  administration  must  be  given       . 
by    posting    said  notice  in   at   least   three 
public  places.  1373  CCP. 

TEN  DAYS'  notice  of  the  sale  of  personal 
property  by  the  executor  and  administrator 
must  be  given.  1526  CCP. 

ONE  WEEK  at  least  notice  of  sale  of  real 
property'-  by  the  executor  and  administrator 
must  be  published.  1549  CCP. 

TEN  DAYS'  notice  of  the  hearing  of  an  article       Impeach- 
of    impeachment    must    be    given    to    the       ™*"t 
defendant.  740  PC. 

FIVE  DAYS'    notice   of  the  hearing   of  an       Incompetent 
application  to  declare  a  person  incompetent       P®''***" 


94 
NOTICE 


CODE  TIME  TABLE. 

must  be  given  to  tlie  supposed  incompetent 
person.  1763  CCP. 


Motion 


FIVE  DAYS  before  the  hearing,  a  notice  of 
motion  must  be  given  in  the  same  city  and 
county  ;  if  the  service  of  said  notice  is  made 
elsewhere,  the  notice  must  be  given  within 
TEN  DAYS  before  the  hearing  ;  and  when 
the  notice  is  served  by  mail,  then  the  num- 
ber of  days  must  be  increased  ONE  DAY 
for  every  twenty-five  miles,  not  to  exceed  in 
all  THIRTY  DAYS.  1005  CCP. 


Probate  of 
will 


Sole  trader 


Transfer  of 
cause 


TEN  DAYS  before  the  hearing  in  the  Supreme 
Court  notice  of  motion  must  be  given. 

RSC  XX-i. 

TEN  DAYS'  notice  of  the  hearing  of  the  pro- 
bate of  a  will  must  be  given. 

1303.  1304  CCP. 

FOUR  WEEKS'  notice  of  the  intention  of  a 
married  woman  to  become  a  sole  trader 
must  be  published.  18 12  CCP. 

ONE  DAY'S  notice  of  a  transfer  of  a  cause  in 
the  Justices'  Court  must  be  given. 

836  CCP. 


CODE  TIME  TABLE.  95 

TEN  DAYS'  notice  of  the  filing  of  the  settle-  NOTICE 
ment  of  an  account  by  the  trustee  of  the  Trustee 
estate  must  be  given.  1699  CCP. 

See  Appeal,  Executor  and  Admin- 
istrator, Landlord  and  Tenant,  Probate. 

Nuncupative  Will 

See  Probate. 

Offer  of  Compromise. 

FIVE  DAYS  after  offer  of  a  compromise  the 
same  must  be  accepted,  if  at  all. 

997  CCP. 

Order. 

SIXTY  DAYS  after  entry  of  an  order,  an  ap- 
peal must  be  taken.  939  CCP. 

Particulars— Bill  of 

FIVE  DAYS  after  demand,  a  bill  of  particulars 
must  be  delivered  to  the  adverse  party. 

454  CCP. 


96  CODE   TIME  TABLE. 

Partial   Distribution 

FOUR  MONTHS  after  the  issuing  of  letters 
testamentary,  legatees  may  file  petition  for 
partial  distribution.  1658  CCP. 

Partition 

SIXTY  DAYS  after  making  the  order  to  sell, 
the  tenants  in  common  have  the  prior  right 
to  purchase  the  propertj^  at  the  appraised 
valuation.  763  CCP. 

Peace — Bond  to  Keep  the 

See  Bond,  Undertaking. 
Penalty 

ONE  YEAR  is  allowed  to  bring  an  action  for 
a  statute  penalty.  340  CCP. 

THREE  YEARS  are  allowed  to  bring  an 
action  upon  statute  liability  other  than  a 
penalty.  338  CCP. 


CODE  TIME   TABLE.  97 

THREE  YEARS  after  the   discovery  of   the       PENALTY 
facts,    an    action   may    be   brought   against 
directors  or  stockholders  of  a  corporation  to 
recover  a  penalty.  359  CCP. 

Pleadings 

THIRTY  DAYS'  more  time  to  plead  may  be 
given  to  the  party  without  the  consent  of  the 
adverse  party.  i054  CCP. 

See  Answer,  Appeal. 

Police  Court 

THIRTY  DAYS  after  rendition  of  a  judgment 
in  a  Police  Court,  an  appeal  must  be  taken. 

974  CCP. 

Possession 

See  Adverse  Possession. 

Postponement 

FOUR  MONTHS'  postponement  of  a  trial 
may  be  granted  in  the  Justices'  Court  on 
application.  876  CCP. 


98  CODE  TIME  TABLE. 

POSTPONE-        TWENTY  DAYS  is  the  limit  of  the   power 

MENT 

of  the   Court   to   continue   a   trial   for  the 

determination  of  a  contested  election. 

II2I  CCP. 

THREE  HOURS'  postponement  of  a  trial, 
upon  application  of  the  plaintiff,  discharges 
the  defendant  from  custody.         876  CCP. 

Preferred  Claims 

SIXTY  DAYS'  earnings  of  employees  imme- 
diately preceding  the  death  of  the  employer, 
not  exceeding  the  amount  of  one  hundred 
dollars,  are  preferred  claims. 

1204,  1205  CCP. 

Prescription 

See    Adverse    Possession,    Limita- 
tions— Statute  of. 


Presumption 

THIRTY- YEARS'  old  document  is  presumed 
to  be  genuine,  having  been  so  considered  by 
the  parties  interested.  1963  CCP. 


CODE   TIME   TABLE.  99 

vSEVEN  YEARS'  absence  of  a  person,  with-       PRESUMP- 
out  his  having  been  heard  from,  raises  the 
presumption  of  his  death.  1963  CCP. 

FIVE  YEARS'  use  by  the  public  of  land  for 
a  burial  ground  creates  the  presumption  that 
this  ground  was  intended  by  the  owner  to  be 
dedicated  to  the  public.  1963  CCP. 

Prisoner 

ONE  YEAR  is  allowed  within  which  to  bring 
an  action  against  a  Sheriff  or  other  oflScer  for 
the  escape  of  a  prisoner.  340  CCP. 

ONE  WEEK'S  pay  for  the  support  of  the 
prisoner  must  always  be  made  in  advance  by 
the  creditor.  ii54  CCP. 

Probate 


THIRTY  DAYS  after  the  death  of  the  testator,        Petition  for 

the  custodian  of  a  will  must  deliver  the  same       Probate  of 

will 
to  the  Court  or  to  the  executor. 

1298  CCP. 


lOO 


CODE  TIME  TABLE. 


PROBATE  THIRTY  DAYS  after  notice  of  the  death  of 

the  testator,  the  executor  named  in  the  will 
must  file  a  petition  for  probate  of  the  will  and 
for  letters  testamentary.  1301  CCP. 

TEN  DAYS  at  least  after  filing  of  a  petition  for 
probate,  and  no  more  than  THIRTY  DAYS 
thereafter,  the  petition  must  be  heard  ; 
notice  of  the  hearing  must  be  published  at 
least  TEN  DAYS.  1303,  1304  CCP. 


Nuncupative 
wills 


TEN  DAYS  after  the  death  of  the  testator,  a 
petition  for  probate  of  a  nuncupative  will 
must  be  filed.  i345  CCP. 


Contest  ONE  YEAR  after  the  probate  the  validity  of 

a  will  must  be  contested.  1327  CCP. 

ONE  YEAR  after  the  removal  of  their 
respective  disabilities,  infants  and  persons  of 
unsound  mind  must  contest  the  probate  of  a 
will.  1333  CCP. 


TEN  DAYS  are  allowed  the  contestant  within 
which   to   amend    the    petition    when    the 


CODE  TIME  TABLE.  lOI 

demurrer     thereto    was    sustained    by    the       PROBATE 
Court.  1312CCP. 

THREE  DAYS  prior  to  the  hearing  of  the 
contest,  when  the  probate  was  granted  with- 
out a  contest,  the  demand  for  a  jury  must  be 
filed.  1330  CCP. 


Public  Administrator 

SIX  MONTHS  is  the  limit  of  time  within 
which  the  Public  Administrator  must  make 
return  of  all  the  estates  of  the  decedent. 

1736  CCP. 

See  Administrator. 

Publication 

See  Claims,  Corporation,  Execu- 
tion, Executor  and  Administrator, 
Guardian  and  "Ward,  Summons. 


I02 


CODE  TIME   TABIDS. 


Real  Property 


Time  in 
which  to 
commence 
actions 


TEN  YEARS  after  the  title  has  accrued  or 
the  rents  or  profits  of  real  property  have  last 
been  received,  an  action  to  recover  real 
property  must  be  brought  by  the  people. 

315  CCP. 


FIVE  YEARS  after  letters  patent  or  grants 
are  declared  void,  an  action  to  recover  real 
property  must  be  commenced. 

317  CCP. 

FIVE  YEARS  are  allowed  within  which  to 
commence  actions  for  the  recovery  of  real 
property,  or  mesne  profits,'  and  to  bring 
other  actions  arising  out  of  the  title  of  real 
property.  318,  319,  336  CCP. 


THREE  YEARS  are  allowed  within  which  to 
bring  actions  for  trespass  upon  real  property. 

338  CCP. 

ONE  YEAR  after  entry,  and  FIVE  YEARS 
after  the  right  of  entry  accrued,  an  action 
must  be  brought  thereupon,  otherwise  the 
entry  is  void.  320  CCP. 


CODE  TIME  TABLE. 


103 


FIVE  DAYS  after  demand,  real  property  must 
be  surrendered  by  one  who  unlawfully  en- 
tered ;  and,  if  he  does  not  surrender,  he  is 
guilty  of  forcible  detainer.  1160  CCP. 


REAL 
PROPERTY 

Forcible 
detainer 


FIVE  YEARS  after  recording,  a  judgment  is 
a  lien  upon  the  real  property  of  the  judg- 
ment debtor  situated  in  the  same  county. 

671  CCP. 


Lien 


TWO  YEARS  after  filing  of  the  transcript  of 
the  original  docket  with  the  Recorder  of 
another  county,  a  judgment  is  a  lien  upon 
the  real  property  of  the  judgment  debtor  in 
that  county.  674  CCP.* 

See  Adverse  Possession,  Detainer, 
Execution,  Executor  and  Administra- 
tor, Guardian  and  Ward,  Redemption. 


*  FIVE  YEARS  after  entry,  a  judgment  is  a  lien 
upon  the  property  of  the  judgment  debtor  in  another 
county  when  a  transcript  of  the  docket  was  filed 
with  the  Recorder  of  that  count}'. 

674  CCP. — Commissioners'  Amendment,  1901. 


I04 


CODE  TIME  TABLE. 


Redemption 


Sale  on 
execution 


TWELVE  MONTHS  after  the  sale  of  real 
property  on  execution,  the  same  may  be  re- 
deemed by  the  judgment  debtor. 

702  CCP. 


SIXTY  DAYS  after  the  first  redemption,  the 
next  redemptioner  may  redeem  the  real 
property.  703  CCP. 

ONE  MONTH  after  demand,  a  written  state- 
ment of  the  rents  and  profits  must  be  given 
to  the  redemptioner.  707  CCP. 

Mortgage  FIVE  YEARS  after  breach  of  condition  of  a 

mortgage,    an   action   may   be    brought   to 
redeem  the  mortgage.  346  CCP. 

Referee 


TWENTY  DAYS  after  the  testimony  is  closed, 
the  referee  must  report  the  findings. 

643  CCP. 


CODE  TIME  TABLE. 


105 


Rejection 


See  Executor  and  Administrator. 


Relief 


TEN  DAYS  after  entry  of  a  judgment  by  de- 
fault in  the  Justices'  Court,  an  application 
for  relief  must  be  brought.  859  CCP. 


Default  in 
the  Justices' 
Court 


THREE  YEARS  after  discovery  of  the  facts 
constituting  fraud  or  mistake,  an  action  for 
relief  must  be  brought.  338  CCP. 


Fraud 


SIX  MONTHS  after  the  rendition  of  the  judg- 
ment by  default,  an  application  for  relief  may 
be  made.  473  CCP. 


Default  in 

Superior 

Court 


THIRTY  DAYS  after  forfeiture  of  the  lease 
by  judgment  of  the  Court,  a  tenant  may 
make  application  for  relief  and  restoration  of 
the  lease.  1179  CCP. 


Forfeiture  of 
lease 


FOUR  YEARS  are  allowed  within  which  to 
commence  action  for  relief  not  provided  for 
by  the  Code.  343  CCP. 


Relief— 
generally 


io6 


CODE  TIME  TABL,E. 


Return 


Attachment 


Summons 


Writ  of 
execution 


TWENTY  DAYS  after  receipt  of  a  writ  of 
attachment,  the  Sheriff  must  return  the  writ. 

559  CCP. 

TWELVE  DAYS  after  the  issuing  of  summons 
in  actions  for  forcible  entry  and  unlawful 
detainer,  the  summons  must  be  returned. 

1166  CCP.* 

TEN  DAYS  at  least,  and  no  more  than 
SIXTY  DAYS,  after  receipt  of  a  writ  of 
execution,  the  same  must  be  returned  by 
the  Sheriff.  683  CCP. 


Rules 

SIXTY  DAYS  after  their  publication,  Rules 
of  the  Supreme  Court  take  effect. 

130  CCP. 

THIRTY  DAYS  after  publication.  Rules  of 

the  Superior  Court  take  effect. 

130  CCP. 


*  According  to  the  Commissioners'  Amendment 
of  1901,  there  is  no  specific  time  for  the  return  of  the 
summons. 


CODE  TIME   TABLE. 


107 


Search"  Warrant 

TEN  DAYS  after  the  date  of  issuing  of  a 
search-warrant,  the  same  must  be  executed 
and  returned.  1534  PC. 

Settlement 

ONE  YEAR  after  granting  letters  testa- 
mentary, the  estate  of  a  decedent,  in  case  the 
same  is  insolvent,  must  be  settled. 

1466  CCP. 

TEN  DAYS  prior  to  the  day  of  settlement  of 
the  final  account  of  an  executor  or  adminis- 
trator, notice  thereof  must  be  given  by  post- 
ing or  publication.  1634  CCP. 

ONE  YEAR  after  his  appointment,  a  guardian 
must  present  the  accounts  for  settlement  and 
allowance.  1774  CCP.* 

TEN  DAYS'  notice  must  be  given  of  the  hear- 
ing of  the  petition  of  a  trustee  to  settle  the 
account.  1699  CCP. 

See    Executor    and    Administrator, 
Gruardian  and  Ward. 


Accounts  of 
executor  and 
administra^ 
tor 


Accounts  of 
guardian 


Accounts  of 
trustee 


Repealed  : — Commissioners'  Amendment,  1901. 


I08  CODE  TIME  TABLE. 

Sheriff 


See  Attachment,  Claim  and  De- 
livery, Escheated  Estates,  Execution, 
Limitations — Statute  of,  Prisoner,  Re- 
turn, Summons, 

Slander 

ONE  YEAR  is  allowed  within  which  to  com- 
mence an  action  for  slander.         340  CCP. 

Sole  Trader 

SIX  MONTHS'  residence  prior  to  the  applica- 
tion of  a  married  woman  to  become  a  sole 
trader  is  required.  181 1  CCP. 

State 

TWO  YEARS  after  a  cause  of  action  has 
accrued,  an  action  against  the  State  on 
claims  upon  contracts  or  for  negligence  must 
be  brought.  Page  868  App.  CCP. 


CODE  TIME  TABLE.  109 

Statement 


See     Elections  — Contesting,    New 
Trial. 

Steamer 

ONE  YEAR  after  the  cause  of  action  accrues, 
demands  for  services  rendered,  work,  sup- 
plies, injury  to  property  or  person,  non-per- 
formance of  obligations,  constitute  liens  on 
steamers.  813  CCP. 

FIVE  DAYS  after  the  fihng  of  the  claims  of 
mariners  for  wages  due,  the  same  are  con- 
sidered admitted  and  have  to  be  paid  from 
the  proceeds  of  the  sale  of  a  steamer  on  exe- 
cution. 826  CCP. 

TEN  DAYS'  NOTICE  of  the  sale  of  a  steamer 
must  be  published.  824  CCP. 

Summary  Proceedings 

See  Detainer,  Forcible  Entry. 


no  CODE   TIME  TABI,E. 

Summons 


ONE  YEAR  after  filing  of  the  complaint  sum- 
mons must  issue.  581,  840  CCF. 

ONE  YEAR  after  the  filing  of  a  complaint 
alias  summons  may  be  issued. 

408*,  847  CCP. 

ONE  YEAR  after  filing  of  a  complaint  the  de- 
fendant may  waive  the  issuance  of  summons. 

406  CCP. 

THREE  YEARS  after  the  summons  is  issued 
the  same  must  be  served  upon  the  defend- 
ant. 581  CCP. 

TWO  MONTHS  the  summons  must  be  pub- 
lished when  the  defendant  resides  out  of  the 
State.  413  CCP. 

FIVE  DAYS  before  the  day  fixed  for  appear- 
ance, the  summons  in  criminal  actions  must 
be  served  upon  the  corporation  defendant. 

1392  PC. 

*  According  to  the  Commissioiers'  Amendment 
of  1 90 1,  there  is  no  specified  time  for  the  issuance  of 
alias  summons  in  the  Superior  Court. 


CODE  TIME  TABLE.  Ill 

Sureties 

TWO  DAYS'  notice  of  exception  to  sureties  in       Exception  to 
actions  of  claim  and  delivery  must  be  given 
to  the  plaintiff.  513  CCP. 

THIRTY  DAYS  after  filing  of  notice  of  an 
undertaking,  exceptions  to  the  sufficiency  of 
sureties  on  appeal  may  be  taken. 

948  CCP. 

FIVE  DAYS  after  filing  of  an  undertaking  on 
appeal  from  the  judgment  in  the  Justices' 
Court,  exceptions  to  the  sureties  on  appeal 
must  be  taken,  and  the  sureties  must  justify- 
within  FIVE  DAYS  thereafter. 

978  CCP. 

TWENTY  DAYS  after  notice  of  exception  to 
the  sureties  on  appeal,  in  all  cases  not  espec- 
ially provided  for,  the  sureties  must  justify 
upon  FIVE  DAYS'  notice  to  the  respondent. 

948  CCP. 

FIVE  DAYS  after  service  of  summons,  the  de- 
fendant may  except  to  the  sufiiciency  of 
sureties  on  attachment.  539  CCP. 


112 


CODE  TIME  TABLE. 


SURETIES  FIVE  DAYS  after  service  of  an  injunction,  the 

defendant  may  except  to  the  sufl&ciency  of 
sureties.  529  CCP. 


TEN  DAYS  after  service  of  summons  in  an 
action  for  libel  and  slander,  notice  of  excep- 
tion to  sureties  must  be  given. 

p.  862,  App.  CCP. 


Judgment 

against 

sureties 


FIVE  DAYS'  notice  of  the  entry  of  a  judg- 
ment against  the  sureties  must  be  given  in 
case  that  the  action  is  brought  against  a 
Sheriff.  1055  CCP. 


Surrender 

TEN  DAYS  after  judgment,  and  at  any  time 
before  the  judgment,  the  bail  may  surrender 
the  defendant.  488,  489  CCP. 


FIVE  DAYS'  notice  of  the  surrender  of  the 
defendant  must  be  given  to  the  District 
Attorney  for  the  purpose  of  exonerating  the 
bail.  1300.  1302  PC. 


CODE  TIME  TABLE. 


113 


Testimony 


FIVE  DAYS'  notice  of  the  taking  of  a  deposi- 
tion of  a  witness  residing  out  of  the  State 
must  be  given  to  the  adverse  party. 

2024  CCP. 

Transcript 

FORTY  DAYS  after  the  appeal  is  perfected 
and  the  bill  of  exceptions  or  statement 
settled,  the  transcript  of  record  must  be 
filed.  RSC  II-i. 

TWENTY  DAYS'  additional  time  to  file  a 
transcript  of  appeal  may  be  granted  by  the 
Court.  RSC  II-3. 


In  civil 

cases 


THIRTY  DAYS  after  the  appeal  is  taken,  a 
transcript  in  a  criminal  case  must  be  filed. 

RSC  II-7. 

FIVE  DAYS  are  allowed  the  opposing  attor- 
ney to  join  in  a  certificate  that  the  transcript 
is  correct  or  to  serve  a  statement  of  the  parts 
in  which  the  transcript  is  incorrect. 

RSC  XI. 


In  criminal 
cases 


Certificate 


114  CODE  TIME  TABI,E. 

TRANSCRIPT  TWO  DAYS  after  the  presentation  of  a 
corrected  transcript,  the  opposing  attorney 
must  join  in  a  certificate  that  the  transcript 
is  correct.  RSC  XI. 


Objections  FIVE  DAYS'  notice  of  exceptions  or  objec- 

to  transcript  ^.^^^  ^^  ^  transcript  must  be  given  to  the 

adverse  party.  RSC  XV. 


Transfer 

ONE  DAY  before  the  time  fixed  for  trial,  the 
notice  of  transfer  of  a  cause  in  the  Justices' 
Court  must  be  given.  836  CCP. 


Trial 

TWENTY  DAYS'  continuance  of  a  trial  of  a 
case  of  contesting  elections  may  be  ordered 
by  the  Court.  1 121  CCP. 

FOUR  MONTHS  a  trial  may  be  postponed 
in  the  Justices'  Court.  876  CCP. 


CODE  TIME  TABLE.  II5 

Trustee 

TEN  DAYS'  notice  of  the  hearing  of  a 
petition  of  a  trustee  to  settle  accounts  must 
be  given  by  posting.  1699  CCP. 

Undertaking 

FIVE  DAYS  after  service  of  notice  of  appeal,       On  appeal 
the  undertaking  on  appeal  must  be  filed. 

940  CCP. 

THIRTY  DAYS  after  filing  the  undertaking 
on  appeal,  exceptions  may  be  made  to  the 
sufficiency  of  the  sureties.  948  CCP. 

TEN  DAYS  after  filing  the  undertaking  of  a 
bail,  the  plaintiff  may  refuse  to  accept  the 
same.  492  CCP. 

FIVE  DAYS  after  filing  the  undertaking  on 
appeal,  the  adverse  party  may  except  to  the 
sufficiency  of  the  sureties  in  the  Justices'  and 
Police  Courts,  and  sureties  must  justify 
within  FIVE  DAYS  thereafter. 

978  CCP. 


ii6 


CODE    TIME   TABI,E. 


UNDERTAKING  TWENTY  DAYS  after  notice  of  exception  to 
sureties  on  appeal,  they  must  justify  upon 
FIVE  DAYS'  notice  to  the  respondent. 

948  CCP. 


In  actions  for 
libel  or 
slander 


FIVE  DAYS  after  filing  of  a  complaint  for  libel 
or  slander,  the  undertaking  must  be  filed, 
p.  863  App.  CCP. 


TEN  DAYS  after  service  of  summons  in 
actions  for  libel  or  slander,  notice  of  exception 
to  sureties  must  be  given ;  and  they  must 
justify  within  not  less  than  FIVE  DAYS 
nor  more  than  TEN  DAYS  thereafter. 

p.  862  App.  CCP. 


To  keep 
peace 


SIX  MONTHS  is  the  limit  of  the  validity  of 
an  undertaking  to  keep  the  peace. 

706  PC. 


See      Attachment,      Exception     to 
Sureties,  Injunction. 


Unlawful   Detainer 


See  Detainer. 


CODE  TIME  TABLE.  II7 

Will 

THIRTY  DAYS  after  the  death  of  the  testator, 
the  custodian  of  a  will  must  deliver  the 
same  to  the  Court  or  to  the  executor. 

1298  CCP. 

THIRTY  DAYS  after  receipt  of  knowledge  of 
the  death  of  the  testator,  an  executor  must 
file  the  will  for  probate  and  for  issuance  of 
letters  testamentary.  1301  CCP. 

ONE  YEAR  after  probate,  the  validity  of  a 
will  may  be  contested.  1327  CCP. 

THREE  DAYS  before  the  hearing,  the  de- 
mand for  a  trial  by  jury  in  a  case  of 
contesting  a  will  must  be  filed. 

1330  CCP. 
See  Probate. 

Writing — Instrument  in  Writing 

TEN  DAYS  after  receipt  of  a  copy  of  the 
answer,  the  plaintifi"  may  file  an  afiidavit  de- 
nying the  genuineness  of  the  instrument  in 
writing  ;  if  he  fails  to  do  so  the  due  execu- 
tion and  genuineness  of  the  same  is  deemed 
admitted.  448  CCP. 


INDEX 


Code  Time  Table 


INDEX. 


PAGE 

Account 5 

Action,  see  Limitations,  Statute  of.   

Adjournment 6 

Administrator 7 

Adverse  Possession .    I4 

Affidavit 15 

Alias  Summons i6 

Alien i6 

Amended  Pleadings i6 

Amendments,  see  Bill  of  Exceptions 

Annulment — of  Marriage 17 

Answer i8 

Appeal 19 

Appraisement,  see  Administrator,  Executor  and  Administrator 

Appropriation 24 

Arbitration,  see  Award 

Arrest 24 

Assault. 25 

Attachment 25 

Attorney,  see  Conviction 

Award 26 

Bail 26 

Battery 27 

Bill  of  Exceptions 27 

Bill  of  Particulars 28 

Bond. ; 29 

Brief,  see  Appeal 

Calendar 29 

Change  of  Names 30 

Citation 3° 


INDEX   CODE  TIME   TABL,E.  121 


Claim  and  Delivery 3° 

Claims — Preferred 3^ 

Commissioner 3^ 

Commitment,  see  Information 

Compromise 3^ 

Condemnation,  see  Eminent  Domain  

Confirmation 32 

Constable 33 

Contract 33 

Conviction — of  Attorney 33 

Coroner 34 

Corporation 34 

Costs        36 

Credit 36 

Creditors,  see  Administrator,  Executor  and  Administrator 

Damages 37 

Death — Presumption  of 37 

Decedent,  see  Estate,  Executor  and  Administrator 

Decree 3^ 

Default 39 

Demurrer 39 

Depositary  for  Hire 4° 

Deposition 4o 

Detainer 4^ 

Detainer — Unlawful 4i 

Directors 43 

Discharge 43 

Dismissal 44 

Disqualification 44 

Dissolution 45 

Distribution 45 

Divorce 45 

Docket,  see  Judgment 

Document 47 


122  INBSX   CODE  TIME  TABLE. 


PAGE. 

Elections — Contesting 47 

Eminent  Domain 48 

Entry,  see  Forcible  Entry,  Judgment 

Entry — upon  Real  Property 48 

Escape 48 

Escheat 49 

Estates  of  Deceased  Persons 49 

Examination 51 

Exception,  see  Sureties 

Execution 51 

Executor  and  Administrator 52 

Exemption 59 

False  Imprisonment 59 

Final  Account,  see  Executor  and  Administrator,  Settlement 

Final  Distribution,  see  Distribution 

Forcible  Entry 60 

Foreclosure,  see  Mortgage,  Redemption 

Forfeiture 61 

Fraud , 61 

Genuineness 61 

Guardian  and  Ward 62 

Heirs 64 

Homestead 65 

Impeachment 66 

Imprisonment 66 

Imprisonment — False 67 

Incompetent  Person 67 

Indictment 67 

Information 68 

Injunction 68 

Injuries 69 

Inventory,  see  Executor  and  Administrator,  Guardian  and  Ward. . 


INDEX   CODE   TIME   TABIDS.  1 23 


PAG  8. 

Judge,  see  Disqualification  of 

Judgment 70 

Jury 73 

Justification,  see  Appeal,  Attachment,    Exceptions,  Sureties,  Un- 
dertaking  


Landlord  and  Tenant 73 

Legatees 75 

Letters  of  Administration,  see  Administrator,  Executor  and   Ad- 
ministrator  

Letters  of  Guardianship,  see  Guardian  and  Ward 

Letters  Testamentary,  see  Executor  and  Administrator 

Libel 76 

Liens 76 

Limitations — Statute  of 77 

Mandamus 83 

Marriage,  see  Annulment,  Divorce,  Limitations — Statute  of 

Married  Woman,  see  Sole  Trader 

Master  and  Servant 83 

Mechanics'  Liens 83 

Mining,  see  Executor  and  Administrator 

Minor,  see  Guardian  and  Ward 

Mortgage 85 

Motion 85 


Name — Change  of 86 

Negligence 87 

New  Trial 87 

Notice 88 

Nuncupative  Will,  see  Probate 


Offer  of  Compromise 95 

Order 95 


124 


INDEX   CODS  TIMK  TABLE. 


Particulars— Bill  of 95 

Partial  Distribution 9^ 

Partition 9^ 

Peace— Bond  to  Keep  the,  see  Bond,  Undertaking 

Penalty 9^ 

Pleadings 97 

Police  Court 97 

Possession,  see  Adverse  Possession 

Postponement 97 

Preferred  Claims 9^ 

Prescription,  see  Adverse  Possession,  Limitations— Statute  of. 

Presumption 9° 

Prisoner 99 

Probate 99 

Public  Administrator lo^ 

Publication,  see  Claims,    Corporation.    Execution,   Executor  and 
Administrator,  Guardian  and  Ward,  Summons 

Real  Property ^°2 

Redemption   > ^°4 

Referee ^°4 

Rejection,  see  Executor  and  Administrator 

Relief ^°5 

Return ^°6 

Rules ^°^ 

Search-warrant ^°7 

Settlement •  •  •  •   ^°7 

Sheriff,  see  Attachment,  Claim  and  Delivery,  Escheated  Estates, 
Execution,  Limitations— Statute  of,  Prisoner,  Return,  Summons. 


Slander. 


io8 

Sole  Trader ^°S 

State i°S 

Statement,  see  Elections— Contesting,  New  Trial 

Steamer  ^°9 

Summary  Proceedings,  see  Detainer,  Forcible  Entry 

Summons ^^° 


INDEX   CODE  TIME  TABLE.  1 25 

PAGE. 

Sureties 1 1 1 

Surrender 112 

Testimony 113 

Transcript 113 

Transfer  1 14 

Trial "4 

Trustee ii5 

Undertaking  115 

Unlawful  Detainer,  see  Detainer 

Will 117 

Writing — Instrument  in  Writing 117 


t>  t/ J- 


UC  SOUTHtR 


AA    000  770  648    4 


